Allowed

Farheen Firoz and 2 Others v. State of U P and 2 Others

Allahabad HC2 Sept 2021CRLP/5223/2021

Case brief

AI extract

What is this about?

This writ petition sought quashing of an FIR under Section 363 IPC involving a minor girl. The court declined immediate quashing, directing production to ascertain the age and voluntariness of the relationship before determining the final outcome.

What did the court decide?

Field investigation/frame of mind is directed. Not reconsidered. The petition is finally disposed with directions for age verification and subsequent judicial determination of the case merits.

Farheen Firoz and 2 Others Vs State of U P and 2 Others — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 44

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5223 of 2021 Petitioner :- Farheen Firoz And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ram Tiwari,Mohd. Jamshed Khan Counsel for Respondent :- G.A.,Dhirendra Kumar Verma

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned counsel for the parties and perused the record.

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By means of the present petition, the petitioners are seeking for quashing of the first information report dated 24.06.2021 registered as Case Crime No.683 of 2021 under Section 363 IPC, P.S.- Kwarsi, District- Aligarh.

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From a bare perusal of the mark sheet of the High School Examination 2020 of the petitioner No.1 herein (victim girl), it is evident that she is minor. The victim girl, therefore, cannot be left in the company of the petitioner Nos.2 & 3.

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In absence of proof of age, it is directed that the petitioner no.2 (boy) shall produce the petitioner no.1 (girl) before the court of Magistrate concerned on or before 10th September, 2021. Upon her production, the Magistrate concerned 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 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 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.

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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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With the aforesaid observations/directions, the petition is disposed of.

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Order Date :- 2.9.2021 Himanshu

Farheen Firoz and 2 Others v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

Farheen Firoz and 2 Others v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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