Allahabad High Court
Avtar And 7 Others vs State Of U.P. And 3 Others on 18 January, 2020
Bench: Manoj Misra, Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 802 of 2020 Petitioner :- Avtar And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Mishra Counsel for Respondent :- G.A.,Gunjan Sharma Hon'ble Manoj Misra,J.
Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; Sri Gunjan Sharma, learned counsel for the respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 24.12.2019 registered as Case Crime No.0804 of 2019, under Sections 366, 120-B & 323 IPC, P.S. Jagdishpura, District Agra.
This petition has been filed by co-accused in Case Crime No.0804 of 2019 in which the main accused had filed Criminal Misc. Writ Petition No.79 of 2020 which was disposed of by order dated 08.01.2020. The same is extracted below:-
"Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1,2 and 3; Smt. Gunjan Sharma, learned counsel for respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 24.12.2019 registered as Case Crime No. 0804 of 2019, under Sections 366, 120-B, 323 I.P.C., P.S.- Jagdishpura, District- Agra.
The contention of learned counsel for the petitioners is that the victim Neetu Kumari is an adult, with date of birth 20th July, 1996 in her matriculation certificate, and that she has voluntarily entered into relationship with petitioner no.2 and therefore, no offence under section 366 I.P.C. is made out. It has been submitted that in so far as other allegations are concerned they are ornamental and false.
The learned counsel for the respondent no.4 has submitted that petitioner no.2 is already married and therefore the marriage of petitioner no.1 with petitioner no.2 is illegal.
Whether the petitioner no.2 is guilty of bigamy or not is not our concern because the complaint in respect of bigamy is to be lodged by an aggrieved person. Since the case of the petitioners is that petitioner no.1 has voluntarily entered into a relationship with petitioner no.2 and that she is an adult, we deem it appropriate to dispose of this petition by providing as follows:
The petitioner no.2 shall produce the petitioner no.1 (Smt. Neetu Kumari @ Neetu Pippal) before the court of Chief Judicial Magistrate, Agra by or before 24th January, 2020. Upon her production, the Chief Judicial Magistrate, Agra shall proceed to record the statement of Smt. Neetu Kumari @ Neetu Pippal to ascertain whether any force has been used on her or she has been voluntarily in the company of the petitioner no.2. In case the victim deposes before the Chief Judicial Magistrate that force has been used on her, the Chief Judicial Magistrate shall proceed to pass appropriate orders immediately in respect of the custody/protection of the victim. However, in case the victim deposes that she has been voluntarily in the company of the petitioner no.2 or any other person and that no force has been used on her, learned Magistrate shall call upon the Investigating Officer of the case and fix a date for appearance of the informant or the parents or natural guardian of the victim for the purpose of recording statement of the victim under Section 164 Cr.P.C.
On the basis of the statement of the victim, the police shall submit report under Section 173(2) Cr.P.C.
The aforesaid exercise shall be completed preferably within a period of three weeks from the date of production of the victim before the Chief Judicial Magistrate concerned. Till 24th January, 2020, or the date on which the victim is produced before the Chief Judicial Magistrate, whichever is earlier, no coercive action shall be taken against the petitioners in the above case. Thereafter, if the victim is produced before the Chief Judicial Magistrate, as directed above, the accused shall be dealt with as per the statement of the victim.
It is further clarified that if the victim is not produced by the date fixed as above, there shall be no protection and the investigating agency shall be free to take all steps that may be necessary to bring the investigation to its logical conclusion.
With the aforesaid observations/directions, the petition is disposed off."
It has been prayed by the petitioners that the petitioners are the co-accused in Case Crime No.0804 of 2019, Police Station Jagdishpura, district Agra be also granted similar protection.
In view of above, this petition is disposed off on same terms and conditions as contained in order dated 08.01.2020 passed in Criminal Misc.Writ Petition No.79 of 2020, as extracted above.
Order Date :- 18.1.2020 SKD