Smt. Sujata Singh And Others vs State Of U.P. Thru. Prin. Secy. ...
2017 Latest Caselaw 5072 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 23900 of 2017
 

 
Petitioner :- Smt. Sujata Singh And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others
 
Counsel for Petitioner :- Shiv Kumar Yadav
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Hon'ble Shashi Kant,J.

Heard learned counsel for the petitioners, learned AGA and perused the record.

This criminal misc. writ petition has been filed with the prayer to quash the impugned FIR dated 22.09.2017 lodged by the opposite party no. 4 against the petitioners no. 2 to 4 as case crime no. 0269 of 2017, under Section 363, 366 IPC, Police Station Loni Katra, District Barabanki, contained in Annexure No. 1 tot he writ petition and further prayer is to direct the respondents and their agents not to interfere in the peaceful living of the petitioners nos. 1 and 2 and their relatives in any manner

Learned counsel for the petitioners submitted that petitioner no.1 Smt. Sujata Singh, sister of the opposite party no. 4 as per school record her date of birth is 10.05.1999, hence she was aged about 19 years and she is major and she on her own sweet will married to petitioner no.2  Raj Kappor Singh and started living as husband and wife and as such no offence is made out. Hence in view of the facts the impugned First Information Report is liable to be quashed.

Learned A.G.A. opposed the aforesaid prayer and submitted that since prima facie commission  of offence is disclosed, hence the petitioners are not entitled for any relief.

In view of the facts and circumstances of the case considering the nature of allegation at this stage it is not a fit case for quashing of the First Information Report.

However, in the interest of justice considering the facts and circumstances of the case, if the petitioner no.1 Smt. Sujata Singh is major and she married on her own sweet-will then no offence against the petitioner no.2 is made out. Since as per prosecution case the petitioner no.1 is minor hence if she  is produced before the Chief Judicial Magistrate concerned within three weeks from today, then the Magistrate concerned will get her  age verified from  the record and if found necessary, get her medical report from C.M.O., whether she is major or minor. If she is found major her statement will be recorded under section 164 Cr.P.C. After perusal of the statement the Investigating Officer will submit the  police report. If there is apprehension of any threat from side of  the informant or  his men, the petitioners will approach the S.S.P./S.P. concerned to provide protection to them to appear before the before the Magistrate concerned to record the  statement of the prosecutrix under section 164 Cr.P.C., he/she will consider the same to ensure the security and safety of the petitioners.

In view of the above, till any order is passed by the Magistrate, concerned, or till submission of police report under section 173 (2) Cr.P.C. whichever is earlier,  the petitioners shall not be arrested in the aforesaid case. The petitioners shall co-operate with the investigation.

With the above observation this petition is finally disposed off.

Order Date :- 6.10.2017

Monika