Shiva @ Shivam vs State Of U.P. And 3 Others
2023 Latest Caselaw 18297 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:145232-DB
 
Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 10743 of 2023
 

 
Petitioner :- Shiva @ Shivam
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Anurag Yadav,Mahendra Pratap
 
Counsel for Respondent :- G.A.,Abhishek Singh
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Rajendra Kumar-IV,J.

1. Heard Sri Anurag Yadav, learned counsel for the petitioner; Sri Abhishek Singh, counsel for the informant-respondent no.4; Sri Ratan Singh, learned A.G.A. for the State-respondents and perused the record.

2. This writ petition has been filed praying to quash the first information report dated 28.04.2023, registered in Case Crime No.157 of 2023, under Sections 366 IPC, Police Station Khekra, District Baghpat and for a direction to the respondents not to arrest the petitioners in pursuance of impugned first information report.

3. Submission of learned counsel for the petitioner is that in the FIR itself the age of victim girl has been shown as 18 years and she has not supported the prosecution version in her statement under Section 164 Cr.P.C. She had married on 21.06.2023 with accused Shiva @ Shivam (petitioner herein) and compromise had also taken place. The informant side has accepted the said relationship and has given an affidavit to this effect. It is further submitted that even as per High School certificate her date of birth is 20.06.2005 and she is more than 17 years and ten months and is sufficiently mature and it cannot be said that merely because she has not completed 18 years on the date of incident any offence is made out against the petitioner particularly in view of the fact after obtaining majority. He further submits by placing reliance upon the 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.

4. Per contra, learned AGA as well as learned counsel for the informant submits that the victim girl is minor on the date of incident.

5. In view thereof, we direct that the victim Mahek be produced 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). This exercises must conclude within two months from today.

6. It is need less to say that the result of the ossification test shall be considered in the light of the above noted judgments.

7. It is incumbent upon the petitioner to provide all necessary assistance to the Investigation Officer during investigation, however, the petitioner shall not be arrested during this period.

8. In the event, if it is found that she had attained the age of majority then the petitioner 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 petitioner and the protection given to the petitioners would automatically stands vacated.

9. With this observation, the writ petition stands disposed of.

Order Date :- 20.7.2023

I.A.Siddiqui