Amod And 5 Others vs State Of U.P. And 2 Others
2023 Latest Caselaw 25599 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:181640-DB
 
Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12294 of 2023
 

 
Petitioner :- Amod And 5 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shivendra Raj Singhal,Rishika Raj Singhal
 
Counsel for Respondent :- G.A.,Dhirendra Kumar Verma,Srawan Kumar Swarnkar
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Vinod Diwakar,J.

1. Heard Shri Shivendra Raj Singhal, learned counsel for the petitioners, Shri Sawan Kumar Swarnkar, learned counsel for the informant, Shri G.P. Singh, learned A.G.A. for the State and perused the record.

2. This writ petition has been filed Seeking quashing of the first information report dated 21.06.2023 registered in Case Crime no.394 of 2023, under Sections 363, 366, 120B, 506 IPC, P.S. Atrauli, District-Aligarh.Further prayer has been made not to arrest the petitioners pursuant to said FIR.

3. The submission of the learned counsel for the petitioners is that daughter of the informant is aged about 19 years and the petitioner no-1 is aged about 21 years and they are major and have married with each other on 21.06.2023 out of their own free will, as such no offence under Section 363 and 366 I.P.C. is made out.

4. Per contra, learned AGA on instructions submits as per High School Certificate and even as per first information report itself the daughter of the informant is aged about 16 years.

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. Be that as it may, the writ petition is disposed off with a direction that the daughter of the informant, namely Shilpi shall appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 of Cr.P.C., on or before 09,10.2023. In the event, the daughter of the informant appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 164 Cr.P.C. in further two weeks and thereafter the Investigating Officer shall proceed in accordance with law.

7. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 21.06.2023 registered in Case Crime no.394 of 2023, under Sections 363, 366, 120B, 506 IPC, P.S. Atrauli, District-Aligarh.

Order Date :- 20.9.2023

Nitendra