Allahabad High Court
Smt. Anjali @ Smt. Anjili And 6 ... vs State Of U.P. And 5 Others on 18 October, 2023
Bench: Vivek Kumar Birla, Vinod Diwakar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:203199-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 15984 of 2023
Petitioner :- Smt. Anjali @ Smt. Anjili And 6 Others
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Parvat Singh,Guru Prasad Singh
Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Vinod Diwakar,J.
1. Heard Shri P.S. Kushwaha, learned counsel for the petitioners and Shri Vibhav Ojha, 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 24.9.2023, registered in Case Crime No.0722 of 2023, under Section 363 IPC, P.S. Tilhar, District Shahjahanpur, and not to arrest the petitioners pursuant to the said FIR.
3. The contention of the learned counsel for the petitioners is that both the petitioners are major and married to each other out of their own free will, as such no offence under Section 363 IPC is made out.
4. Per contra, learned A.G.A. on instructions submits that as per School Leaving Certificate of Class-3rd, the date of birth of the girl- petitioner no.1 is 20.11.2007, and as such she is a minor on the date of incident.
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 judgement dated 18.7.2023 passed in Criminal Appeal No. 1898 of 2023 (P. Yuvaprakash vs. State Rep. by Inspector of Police) 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. Anjali @ Smt. Anjili 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 4.12.2023 or 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.4, 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 off.
Order Date :- 18.10.2023
Anil K. Sharma
