Allowed

Rukayya and 4 Others v. State of U.P. and 2 Others

Allahabad HC9 Jan 2019CRLP/360/2019

Case brief

AI extract

What is this about?

In a criminal writ petition seeking quashing of an FIR alleging abduction and cruelty under IPC Sections 363, 504, and 506, this court examined medical reports confirming the petiioner as an adult. Relying on precedents, the court quashed the FIR and restrained respondents from violence or interference in the couple's life.

What did the court decide?

The FIR dated 22.12.2018 is quashed. Respondents are restrained from violence and interfering in the married life of the petitioners and instructed not to arrest the petitioners.

Rukayya and 4 Others Vs State of U.P. and 2 Others — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 360 of 2019

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Petitioner :- Rukayya And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Pratap Singh Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.

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This is a writ petition filed on behalf of the petitioners with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.1664 of 2018, under Sections 363, 504, 506 I.P.C., P.S. Kotwali Nagar, District Muzaffar Nagar.

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We have heard learned counsel for the petitioners and Sri Rajesh Mishra, learned counsel for the State.

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After hearing the matter at length, this Court passed an order on 8.1.2019 which reads as under:

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"Heard learned counsel for the petitioner and learned A. G. A. for the State.

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This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.1664 of 2018, under Sections 363, 504, 506 I.P.C., P.S. Kotwali Nagar, District Muzaffar Nagar.

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Contention is that alleged victim Rukayya alongwith Danish are present before this Court and filed a joint affidavit stating therein that both are adult; further contention is that they have solemnized marriage of their own free will without any fear, threat or coercion; reliance has been placed on the application given by the girl to the Senior Superintendent of Police, Muzaffar Nagar, copy of which has been annexed at page no.17 of the writ petition; further contention is that as per Aadhar Card her date of birth is 10.09.1994 but the fact remains that the Aadhar Card is not a birth certificate.

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Since the Court has been informed that girl is present before this Court, as an abundant caution the Court proceeds to examine her :

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On being asked by this Court from the girl Tumhara Nam kya hai, she said Rukayya, Tumhar Pitaji ka nam kya hai, she said Anees, Tumhari Umra kya hai, she said 23 saal, tum kaha tak padi ho, she said Kaksha 8 tak lekin koi dastavej nahi hai, kya tumne apni marzi se shadi ki hai, she said ha, bina kisi dabav ke"

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In view of peculiar facts and circumstances of the case, this Court hereby directs that petitioner no.1 Rukayya will be escorted from this Court to the office of Registrar General of this Court by the police constable present in the Court and the Registrar General will immediately co-ordinate with the office of Chief Medical Officer,

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Allahabad, who in turn will immediately constitute a team of three doctors which would include one lady doctor who will examine the girl Rukayya, for the purpose of determining her age today itself. The Chief Medical Officer, Allahabad will also obtain a report of a competent radiologist with regard to the age verification of the girl. Thereafter, the Chief Medical Officer, Allahabad will submit a report to this Court through the office of the Registrar General of this Court in a sealed cover by tomorrow.

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In case, the girl Rukaaya is found to be minor, she will be taken to Aasha Jyoti Kenda, Allahabad from where she will be produced before this Court tomorrow. The District Magistrate Allahabad or the next incharge will ensure the safety of the girl at Asha Jyoti Kendra Allahabad and will also ensure her presence before this Court tomorrow at 12.00 O'clock sharp. If she is found to be adult, no hindrance will be caused by any of the respondents and she will be set at liberty.

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Put up this case tomorrow at 12 O'Clock.

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Copy of this order shall be provided to the office of Registrar General of this Court for necessary compliance by today itself. The District Magistrate, Allahabad and Senior Superintendent of Police, Allahabad will provide protection to the girl, Rukayya and Danish till further orders of this Court.

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Till further orders of this Court the petitioners will not be arrested in pursuance of the FIR registered as aforesaid case crime number."

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Today when the case has been taken up, the Court has been informed that the certificate of the team of doctors held by CMO, Allahabad as well as report of Radiologist have been obtained in compliance of direction as contained in the said order dated 8.1.2019. The said medical certificate has been perused by us which shows that as per the said certificate the age of the girl is 22 years, even though it has been mentioned in the FIR that the age of the girl is 16 years and because of this reason and circumstance, the Court had directed the medical examination of the girl only for the purpose of age verification vide order dated 8.1.2019. Even as per the report of Radiologist, the radiological age of the girl is above 20 years. The said medical report produced in the Court is taken on record and made part of the record.

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Learned counsel for the petitioners as well as the girl herself have drawn attention of the Court to an application dated 1.1.2019 given to SSP, Muzaffar Nagar wherein the girl has categorically and in clear terms stated that "prarthiya apne prathi ke sath khush hai aur apna jeevan yaapan kar rahi hai. Agar prarthiya ke mata pita kisi ke bhi virudh mere apharan ki report darj karate hain to wah galat hogi main apni swechchha se ghar se akeli aayi thi mujhe koi bahla phusla kar nahi laya aur na hi mera kisi ne apharan kiya hai". The said application has been annexed as Annexure-2 to the writ petition.

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Learned counsel for the petitioners has placed reliance upon the judgments rendered in the case of Suhani & Another v. State of U.P. & Ors. passed in civil appeal no. 4532 of 2018 decided on

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26.04.2018 and Shaheen Parveen and another v. State of U.P. And others passed by Lucknow Bench of this Court in Writ Petition No. 3519 (M/B) of 2015.

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Accordingly, in view of the aforesaid facts and circumstances of the case and the consistent legal position as has been brought to the notice of the Court, the FIR dated 22.12.2018 registered as Case Crime No.1664 of 2018 under Sections 363, 504, 506 IPC PS Kotwali Nagar District Muzaffar Nagar is hereby quashed.

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The writ petition is accordingly allowed.

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All the respondents are hereby restrained and they are injuncted from indulging in any act of violence with the petitioners and from interfering in married life of petitioner nos.1 and 2 and all other petitioners.

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A copy of this order along with the copy of the order dated 8.1.2019 passed in the present writ petition shall be immediately forwarded to SSP, Muzaffar Nagar who in turn will issue necessary instructions in compliance of the said order to the concerned Investigating Officer of the case.

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Order Date :- 9.1.2019 SP

Rukayya and 4 Others v. State of U.P. and 2 Others

Case brief

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Rukayya and 4 Others v. State of U.P. and 2 Others

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