Writ petition seeking quashing of FIR. Court directed production of minor petitioner to verify voluntariness and age via magisterial inquiry before taking coercive action against accused.
Directed production of the girl-child to verify voluntariness and age; stayed coercive action against petitioners pending such inquiry.
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Court No. - 39
Case :- CRIMINAL MISC. WRIT PETITION No. - 5442 of 2020
Petitioner :- Muskan And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rabindra Bahadur Singh Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Saumitra Dayal Singh,J.
By means of the present petition, the petitioners are seeking for quashing of the first information report dated 9.2.2020 registered as Case Crime No.67 of 2020 under Sections 363, 366, 323, 504, 506, 120-B I.P.C., P.S.-Toondala DistrictFirozabad.
Copies of adhar cards of petitioner nos. 1 and 2 is appended at page '17' and '19' of the writ petition.
Looking to the fact that the document appended with the writ petition are not authentic proof of age of the girl.
It is directed that the petitioner no.2 shall produce the petitioner no.1 (Muskan) before the court of concerned Magistrate on or before 10 July, 2020. Upon her production, the concerned Magistrate shall proceed to record the statement of petitioner no.1 to ascertain whether any force has been used on her or she has been voluntarily in the company of the petitioner no.2. In case, the petitioner no.1 deposes before the concerned Magistrate that force has been used on her, the concerned Magistrate shall proceed to pass appropriate orders immediately in respect of the custody/protection of the girl.
However, in case, the girl deposes that she has been voluntarily in the company of the petitioner no.2 or any other person and that no force has been used on her, learned Magistrate 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.
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.
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.
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.
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.
Till 10.7.2020 or the date on which the girl is produced before the concerned Magistrate, whichever is earlier, no coercive action shall be taken against the petitioners in the above case. Thereafter, if the girl is produced before the concerned Magistrate as directed above, the accused shall be dealt with as per the statement of the girl. Though, in 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.
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.
With the aforesaid observations/directions, the petition is disposed of.
Order Date :- 16.6.2020 Harshita
Muskan And 5 Others
State Of U.P. And 2 Others
Sunita Agarwal
Saumitra Dayal Singh
As recorded by the court registry
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