Akash And Another vs State Of U.P. And 3 Others
2023 Latest Caselaw 15490 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:108615-DB
 
Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7608 of 2023
 

 
Petitioner :- Akash And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Piyush Dubey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

Heard Sri Piyush Dubey, learned counsel for the petitioners and Sri Shishir Jaiswal, learned A.G.A. for the State and perused the record.

This writ petition has been filed praying to quash the first information report dated 20.04.2023, registered in Case Crime No. 171 of 2023, under Sections-363 and 366 I. P. C., P. S.-New Agra, District-Agra and not arrest the petitioners pursuant to the said F. I. R.

The contention of the learned counsel for the petitioners is that the petitioner no. 2, who is is stated to be victim, is major and she has come forward to challenge the F. I. R. by drawing attention to the statement made by her under Section 200 Cr. P. C. in which she has stated she is illiterate and aged about 19 years; she had categorically stated before the Court that she had married petitioner no. 1 on 15.3.2023. He next submitted that both the petitioners are major and married out of their own free will, as such no offence under Sections-363 and 366 I.P.C. is made out.

Per contra, learned A. G. A. on instructions submits that the girl petitioner no. 2 is minor.

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 Supreme (SC) 1430 and submits that in all such matters Hon'ble Apex Court has directed for age determination test of the girl.

In view thereof, we direct that the petitioner no.2-Kunti 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 on or before 26.06.2023 or within six weeks from today.

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.

The arrest of the petitioners shall be subject to the 164 Cr.P.C. statement of the girl and her age.

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, Akash, 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.

With this observation, the writ petition stands disposed of.

Order Date :- 17.5.2023

HR