Allahabad High Court
Smt. Sayna And 5 Others vs State Of U.P. And 3 Others on 17 July, 2023
Bench: Vivek Kumar Birla, Surendra Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:141426-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 10202 of 2023
Petitioner :- Smt. Sayna And 5 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Devi Dayal
Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Surendra Singh-I,J.
1. Heard learned counsel for the petitioners, Sri G.P. Singh, learned A.G.A. for the State and perused the record.
2. This writ petition has been filed praying to quash the first information report dated 18.6.2023, registered in Case Crime No.0279 of 2023, under Sections 363, 366 IPC, P.S. Ramgarh, District Firozabad and not arrest the petitioners pursuant to the said FIR.
3. The contention of the learned counsel for the petitioners is that petitioner Nos.1 and 2 are major and married to each other out of their own free will, as such no offence under Section 363, 366 I.P.C. is made out. It is submitted that petitioner Nos.1 and 2 have also applied online for registration of their marriage. There is joint affidavit of petitioner Nos.1 and 2 filed in support of the petition.
4. Per contra, learned AGA submits that as per the FIR, petitioner No.1 is minor.
5. At this stage, learned counsel for the petitioners has placed reliance upon a judgment of Hon'ble Supreme Court in the case of Suhani vs. State of U.P. reported in 2018 0 Supreme (SC) 1430 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.1-Smt. Sayna 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 conclude 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 the 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.2, 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 stands vacated.
10. With this observation, the writ petition stands disposed of.
Order Date :- 17.7.2023
Kuldeep
