Disposed

Smt. Priti and Another v. State of U.P. and 2 Others

Allahabad HC4 Nov 2020CRLP/12030/2020

Case brief

AI extract

What is this about?

This court rejected a petition seeking quashing of an F.I.R. under Sections 363 and 366 of the I.P.C. citing that the Aadhar Card is not valid proof of age and prima facie offences are made out. The court directed that the victim be produced for a medical examination to determine age.

What did the court decide?

Refusal of prayer for quashing of F.I.R.; direction to produce victim for medical examination within 20 days.

Smt. Priti and Another Vs State of U.P. and 2… — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 12030 of 2020

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Petitioner :- Smt. Priti And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Maohammd Nadeem,Ashish Kumar Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.

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Heard Sri Mohammad Nadeem, learned counsel for the petitioners and Sri Deepak Mishra, the learned A.G.A.

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This writ petition, supported with a joint affidavit of petitioners, has been filed by the petitioners with a prayer to quash the F.I.R. dated 9.08.2020, Case Crime No. 130 of 2020, under Sections 363, 366 I.P.C., Police StationIndergarh, District- Kannauj.

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The contention of the learned counsel for the petitioners is that petitioner no. 1 is an adult as per Aadhar Card her date of birth is 01.01.1999, she voluntarily solemnized marriage with petitioner no.2 (Ramu) on 30.07.2020, no offence is made out, F.I.R. be quashed.

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Aadhar Card is not a valid proof of age, therefore the age of the victim cannot be decided as per date of birth mentioned therein and it appears that on the basis of allegations made in the F.I.R., prima facie cognizable offence is made out, there is no scope of interfering in the FIR, the prayer for quashing the FIR is refused.

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However, considering the submissions made by the learned counsel for the petitioners that the victim shall be produced before the court concerned, it is directed that in case the victim 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 164 Cr.P.C, the learned Magistrate shall fix a date, on which she shall be produced before the C.M.O, by the police officer for her medical examination to determine her age, thereafter, she shall be produced before the 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. The petitioners shall co-operate with the investigation. In case the victim appears to be a minor or if she is major but

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supports the prosecution version, it shall be open to the police to arrest the petitioners, till then no coercive measures shall be taken against the petitioners. In case the petitioners approach the Superintendent of Police concerned to provide security for the above mentioned purpose, same shall be provided to them.

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It is further directed that issue of custody of the victim shall also be decided by the CJM concerned in accordance with law.

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With this direction, this petition is finally disposed of .

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The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card).

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 4.11.2020 N.S.Rathour

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Digitally signed by Justice Pankaj Digitally signed by Justice Vivek Naqvi Agarwal Date: 2020.11.05 18:00:08 IST Date: 2020.11.05 18:01:29 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Smt. Priti and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Smt. Priti and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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