Disposed

Muskan and 4 Others v. State of U.P. and 3 Others

Allahabad HC11 Apr 2019CRLP/5038/2019

Case brief

AI extract

What is this about?

In a petition seeking quashing of an FIR for enticement involving an adult petitioner, the court held that due to uncertainty regarding the victim's identity, the petitioner must appear before the Investigating Officer. The court stayed arrest pending the victim's statement and subsequent police report.

What did the court decide?

Petitioner no.1 must be produced before the Investigating Officer by 29.04.2019 for recording statement; arrest stayed pending report/Section 164 statement.

Muskan and 4 Others Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5038 of 2019

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Petitioner :- Muskan And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahesh Prasad Pandey Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J .

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Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3 and perused the record.

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The instant petition seeks quashing of the impugned First Information Report dated 08.02.2019, registered as Case Crime No.0063 of 2019, under Sections 366, 504, 507 I.P.C, Police Station Tundala, District Firozabad.

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The allegation in the impugned FIR is to the effect that the informant's daughter, Muskan @ Kanchan has been enticed away by the accused. It is also alleged that the informant was also threatened.

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The victim Muskan along with the accused has approached this Court for quashing of the first information report on the ground that the victim is an adult and that she has voluntarily entered into relationship with petitioner no.2 (Akash Kumar) and that no force has been used upon her and the allegations are false.

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On 25.02.2019, after considering the contention of the learned counsel for the petitioners, the Court had passed the following order :-

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"The contention of learned counsel for the petitioners is that admittedly, the victim-Muskan is an adult and as per entry in high school certificate, her date of birth is 20.07.1998. It has been submitted that she has voluntarily entered into relationship with petitioner no.2 (Akash Kumar) and that no force has been used upon her and, therefore, no offence has been committed.

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Sri Mahesh Prasad Pandey, learned counsel for the petitioners has produced victim Muskan before us and she has affirmed the aforesaid contention.

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Matter requires consideration after receipt of response from the respondent no.4.

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Learned AGA has accepted notice on behalf of the respondent nos. 1, 2

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and 3.

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Let notice be issued to the respondent no.4 fixing 11.04.2019.

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List on 11.04.2019.

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By the next date, the respondents shall file their respective counter affidavits.

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On the next date fixed, the petitioner no.1 and the respondent no.3 shall be present before this Court in person.

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Till the next date of listing or till the submission of police report under Section 173 (2) Cr.P.C., whichever is earlier, the arrest of the petitioners in Case Crime No. 0063 of 2019, under Sections 366, 504, 507 IPC, Police Station Tundla, District Firozabad shall remain stayed, subject to petitioners' cooperation in the investigation.

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It is made clear that this Court has not stayed the investigation of the aforesaid case."

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Pursuant to the above order, notice was issued to the respondent no.4, fixing 11.4.2019.

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The office has submitted a report that neither undelivered cover nor acknowledgement of the notice sent by registered post has been received back. No one has appeared on behalf of the respondent no.4.

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As we cannot be sure about the identity of the victim produced before us, we deem it appropriate to dispose off this petition by providing that the petitioner no.1 shall be produced before the Investigating Officer by or before 29.04.2019. Upon her appearance, her statement would be recorded by the Investigating Officer and thereafter she shall be produced before the Chief Judicial Magistrate, Firozabad, for recording of her statement under Section 164 Cr.P.C. Depending on her statement, the police shall submit report under Section 173 (2) Cr.P.C. In case, the petitioner no.1 is not produced by the date fixed as above, the interim protection granted earlier shall stand discharged. Otherwise, till submission of report under Section 173 (2) Cr.P.C., the interim protection granted earlier shall continue.

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With the aforesaid observations/directions, the writ petition stands disposed off.

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Order Date :- 11.4.2019 m.a.

Muskan and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Muskan and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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