Petition to quash an FIR in a minor dating dispute was dismissed as prima facie offence made out. Court ordered medical examination and statement recording; no coercive steps until major status confirmed and investigation proceeds.
No coercive steps until medical exam and statement recorded; petition finally disposed.
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Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 8191 of 2019
Petitioner :- Smt. Indrawati And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushil Kumar Chaturvedi Counsel for Respondent :- G.A.,Ashvani Tripathi
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR of case crime no. 0089 of 2019, under Section 363, 366, 504, 506 IPC, P.S. Khandauli, District Agra.
Learned counsel for the petitioners submits that victim is petitioner no.1 and accused is petitioner no. 2 they are major and they have also solemnized their marriage and they are living happily as husband and wife; victim herself is the deponent of the affidavit filed in support of the writ petition.
Learned counsel for the respondent submits that victim is minor and no age proof has been annexed with the writ petition which could shown that the girl is major.
From the perusal of the FIR it appears that on the basis of allegation made therein the prima facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.
However, considering the submissions made by the learned counsel for the petitioners that the girl shall be produced before the court concerned, it is directed that in case the alleged girl appears/produced before the court of learned C.J.M. concerned within 20 days from today and moves an application for her medical examination, recording her statement under section 161 Cr.P.C. and 164 Cr.P.C, the learned Magistrate concerned shall fix a date for the same purpose, on that date the first informant & officer in charge of the police station concerned shall be summoned, she shall be produced before C.M.O. concerned by the concerned police officer for her medical examination thereafter she shall be produced before CJM concerned for recording her statement under section 164 Cr.P.C. the same shall be recorded on the application filed by the I.O./Officer in charge of the police station concerned, till then no coercive step
shall be taken against the petitioners, in default of it, it shall be open to the police authority concerned to arrest the petitioners, if she is found major and does not support the FIR version, the petitioners shall not be arrested till submission of the police report under section 173(2) Cr.P.C. but the petitioners shall cooperate with the investigation. In case the alleged girl appears to be minor or if she is major but supports the prosecution version, it shall be open to the police authority to arrest the petitioners. In case the petitioners approach the S.S.P. concerned to provide the security for the above mentioned purpose, the same shall be provided to them.
It is further directed that issue of custody of the alleged girl shall also be decided by the CJM concerned in accordance with law.
With the above direction this petition is finally disposed of.
Order Date :- 2.4.2019 Ujjawal
3 issues framed by the court
Whether the FIR under Sections 363, 366, 504, 506 IPC should be quashed in a major/minor dating dispute.
Whether the girl victim is major or minor as per age proof and affidavit.
Whether coercive steps should be taken pending medical examination and recording of statement.
4 provisions across 2 enactments
Smt. Indrawati And 3 Others
State Of U.P. And 3 Others
Vipin Sinha
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
