Disposed

Nirvesh and 3 Others v. State of U.P. and 3 Others

Allahabad HC28 Aug 2020CRLP/8135/2020

Case brief

AI extract

What is this about?

Criminal Misc. Writ Petition seeking quashing of an FIR under Section 366 IPC alleging enticement of an 18-year-old girl. The court did not quash the FIR but directed the petitioner to produce the victim before the Magistrate to ascertain voluntariness of relations within a specified timeframe, pending which no coercive action would be taken.

What the court decided

AI extract

Nirvesh and 3 Others Vs State of U.P. and 3 Others — Allahabad HC (2020) — LawSathi Research

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Court No. - 48

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8135 of 2020

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Petitioner :- Nirvesh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mukesh Joshi Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.

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

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The instant petition seeks quashing of the first information report dated 07.07.2020 registered as Case Crime No.303 of 2020, under Section 366 I.P.C. P.S. Shahabad, District Rampur.

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The allegation in the first information report, which has been lodged by the father of the victim Nirvesh (the petitioner no.1), is to the effect that his daughter, who is aged about 18 years, has been enticed away by the accused.

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The petitioners have prayed for quashing of the first information report by claiming that the victim Nirvesh is adult and that she has voluntarily married Kishan Veer (petitioner no.2).

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The learned A.G.A. has submitted that it would be appropriate that this petition be disposed off by requiring the investigating agency to record the statement of the victim and, thereafter, take appropriate action as per law.

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Having perused the record we deem it appropriate to dispose off this petition by providing as follows:-

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The petitioner no.2 shall produce the petitioner no.1 (Nirvesh) before the court of Chief Judicial Magistrate/concerned Magistrate, Rampur by or before 24th September, 2020. Upon her production, the Chief Judicial Magistrate/concerned Magistrate, Rampur shall proceed to record the statement of Nirvesh 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 victim deposes before the Chief Judicial Magistrate/concerned Magistrate that force has been used on her, the Chief Judicial Magistrate/concerned Magistrate shall proceed to pass appropriate orders immediately in respect of the custody/protection of the victim. However, in case the victim 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

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a date for appearance of the informant or the parents or natural guardian of the victim for the purpose of recording statement of the victim under Section 164 Cr.P.C.

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On the basis of the statement of the victim and the material collected during the course of investigation, 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 three weeks from the date of production of the victim before the Chief Judicial Magistrate/concerned Magistrate. Till 24th September, 2020, or the date on which the victim is produced before the Chief Judicial Magistrate/concerned Magistrate, whichever is earlier, no coercive action shall be taken against the petitioners in the above case. Thereafter, if the victim is produced before the Chief Judicial Magistrate/concerned Magistrate, as directed above, the accused shall be dealt with as per the statement of the victim.

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It is further clarified that if the victim is not produced by the date fixed as above, there shall be no protection and the investigation 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, the petition is disposed off.

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Order Date :- 28.8.2020. Rks.

Nirvesh and 3 Others v. State of U.P. and 3 Others

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Nirvesh and 3 Others v. State of U.P. and 3 Others

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