Allahabad High Court
Faizan And 3 Others vs State Of Uttar Pradesh And 3 Others on 21 August, 2023
Bench: Vivek Kumar Birla, Surendra Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:168102-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 13049 of 2023
Petitioner :- Faizan And 3 Others
Respondent :- State Of Uttar Pradesh And 3 Others
Counsel for Petitioner :- Mohammad Sakir,Mohd Fareed
Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Surendra Singh-I,J.
1. Heard Sri Mohammad Sakir, learned counsel for petitioners, Sri S.K. Upadhyay, Advocate holding brief of Shri Shahabuddin, Advocate whose Vakalatnama filed today on behalf of respondent no. 4 is taken on record, learned A.G.A. for the State-respondents and perused the record.
2. This writ petition has been filed praying to quash the FIR dated 05.08.2023, registered as Case Crime No.341 of 2023, under Section 452, 363, 366 & 506 I.P.C., Police Station Tanda, District Rampur and not to arrest the petitioners pursuant to the said FIR.
3. Submission of learned counsel for the petitioners is that in the first information report itself age of the girl has been shown to be about 17 years whereas as per Aadhar Card her date of birth is 07.08.2001 and the date of birth of the boy is 01.01.2000, as such, both are major and they have married on their sweet will and no offence has been committed. By drawing attention to Annexure-7 to the petition, it is submitted that they have applied for registration of their marriage. It is also submitted that the victim has come forward to file the present petition by filing a joint affidavit. It is also submitted that as per personal law they are legally entitled to marry.
4. Per contra, learned counsel for the informant and learned AGA submit that there is no authentic proof of age.
5. At this stage, learned counsel for the petitioners has placed reliance upon judgments of Hon'ble Supreme Court in the case of Suhani Vs. The State of U.P., 2018 SCC Online SC 781 and P. Yuvaprakash vs. State Rep. By Inspector of Police, decided on 18.07.2023 in Criminal Appeal No.1898 of 2023 and submits that in all such matters Hon'ble Apex Court has directed for age determination test of the girl.
6. In view thereof, we direct that the petitioner no.4-Shakeela be produced before the Magistrate concerned, for recording her statement under section 164(1) and (5) of Cr.P.C. and thereafter, she shall be brought before the Chief Medical Officer concerned by the I.O. of the case, who shall constitute a panel of three doctors, for her age determination test (ossification test). Both these exercises must be concluded within six weeks from today.
7. It is incumbent upon the petitioners to provide all necessary assistance to the Investigation Officer during investigation, however, the petitioners shall not be arrested during this period.
8. The arrest of the petitioners shall be subject to 164 Cr.P.C. statement of the girl and her age.
9. In the event, if it is found that she had attained the age of majority and her 164 Cr.P.C. statement favours the petitioner no.1, then the petitioners shall not be arrested till the submission of report by the police under section 173(2) Cr.P.C. OTHERWISE, the procedure of law would follow against the petitioners and the protection given to the petitioners would automatically stand vacated.
10. With this observation, the writ petition stands disposed of.
Order Date :- 21.8.2023
Brijesh Maurya
