Disposed

Soni Kumari Gupta and Another v. State of U.P. and 3 Others

Allahabad HC18 Jun 2020CRLP/3769/2020

Case brief

AI extract

What is this about?

High Court addressed two criminal Writ Petitions seeking to quash FIRs under POCSO and IPC alleging child marriage. The Court directed the petitioners to produce the girl for age determination by a Magistrate and fixed a timeline for the police report, pending which no coercive action would be taken against the petitioners.

What did the court decide?

No coercive action against petitioners pending age determination; petitions disposed of.

Soni Kumari Gupta and Another Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 39

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3769 of 2020

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Petitioner :- Soni Kumari Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishnu Murti Tripathi,Thakur Prasad Dubey Counsel for Respondent :- G.A.,Nikhil Kumar

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and

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4898 of 2020

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Petitioner :- Jainullah And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Thakur Prasad Dubey Counsel for Respondent :- G.A.,Nikhil Kumar

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the petitioners, Sri Nikhil Kumar, Advocate, has put in appearance on behalf of respondent no.4 (in both the petitions) and learned A.G.A. for the Staterespondents.

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By means of both the petitions, the petitioners are seeking quashing of the first information report dated 15.2.2020, registered as Case Crime No. 64 of 2020, under Sections - 363, 366, 504, 506 I.P.C. and Sections 16/17 Protection of Children from Sexual Offences Act, Police Station - Nichlaul, District - Maharajganj.

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The petitioner no.1 in Criminal Misc. Writ Petition No. 3769 of 2020 states that she had performed her marriage with the petitioner no.2 of the same petition, out of her own sweet will, and she is not ready to go with her father. Learned counsel for the respondent no.4 states that the girl is minor. Her date of birth recorded in High School Certificate is 4.11.2002. A copy of the Adhar Card appended at Page no. 25 of the paper book of Criminal Misc. Writ Petition No. 3769 of 2020 is forged document.

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Be that as it may, in absence of proof of age of the petitioners, it is directed that the petitioner no. 2 (in Criminal Misc. Writ Petition No. 3769 of 2020) shall produce Smt. Soni

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Kumari Gupta i.e. petitioner no. 1 in Criminal Misc. Writ Petition No. 3769 of 2020 before the court of Magistrate concerned by or before 13th July, 2020. Upon her production, the Magistrate concerned shall proceed to record her statement to ascertain whether any force has been used on her or she has been voluntarily in the company of the petitioner no. 2 (in Criminal Misc. Writ Petition No. 3769 of 2020). In case, the petitioner no.1 (in Criminal Misc. Writ Petition No. 3769 of 2020) deposes before the Magistrate concerned that force has been used on her, the Magistrate concerned shall proceed to pass appropriate orders immediately in respect of the custody/protection of the girl.

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However, in case, the girl deposes that she has been voluntarily in the company of the petitioner no. 2 (in Criminal Misc. Writ Petition No. 3769 of 2020) or any other person and that no force has been used on her, the Magistrate concerned shall call upon the Investigating Officer of the case and fix a date for appearance of the informant or the parents or natural guardian of the girl for the purpose of determining the age of the girl.

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On the date so fixed or within such reasonable time as may be required, the learned Magistrate shall proceed to determine the age of the girl as per law, keeping in mind the provisions that are applicable for determination of the age of a girl and may, if necessary, direct for ossification test/medical examination of the girl from a District Government Hospital.

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If the girl is found to be a minor, the learned Magistrate shall proceed to pass appropriate orders in respect of custody of the girl, as per law. However, in case, the girl is found to be an adult, he shall proceed to record the statement of the girl under Section 164 Cr.P.C.

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On the basis of the statement of the girl and the age of the girl as determined above, the police shall submit report under Section 173(2) Cr.P.C.

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The aforesaid exercise shall be completed preferably within a period of four weeks from the date of production of the girl before the Magistrate concerned.

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Till 13.07.2020 or the date on which the girl is produced before the Magistrate concerned, whichever is earlier, no coercive action shall be taken against the petitioners (in both the petitions) in the above case. Thereafter, if the girl is produced before the Magistrate concerned, as directed above, the accused shall be dealt with as per the statement of the girl. Though, in

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the event the girl is found to be minor, the police would be free to take the investigation to its logical conclusion and may effect arrest of the accused.

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It is further clarified that if the girl is not produced by the date fixed as above, there shall be no protection and the investigating agency shall be free to take all steps that may be necessary to bring the investigation to its logical conclusion.

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With the aforesaid observations/directions, both the petitions are disposed of .

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Order Date :- 18.6.2020 Prakhar

Soni Kumari Gupta and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Soni Kumari Gupta and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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