Allahabad High Court
Aas Mohammad @ Aashu And 3 Others vs State Of U.P. And 3 Others on 1 September, 2020
Author: Manoj Misra
Bench: Manoj Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 8303 of 2020 Petitioner :- Aas Mohammad @ Aashu And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Dwivedi Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioners, learned AGA for respondent Nos.1 to 3 and perused the record.
The instant petition seeks quashing of the First Information Report dated 27.01.2020 registered as Case Crime No.34 of 2020, under Sections 363, 366, 120B IPC at Police Station- Sasni Kotwali, District- Hathras.
The allegation in the First Information Report, which has been lodged by the father of the victim Muskan (the petitioner No.4), is to the effect that informant's daughter, who is aged about 16 years has been enticed away by the accused person.
The petitioners have prayed for quashing of the First Information Report by claiming that victim Muskan is an adult and that she has voluntarily married Aas Mohammad (petitioner No.1).
The learned AGA has submitted that it would be appropriate that this petition be disposed off by requiring the investigating agency to determine the age of the victim and record the statement of the victim and, thereafter, take appropriate action as per law.
Having perused the record, we deem it appropriate to dispose off this petition by providing as follows:-
The petitioner shall No.1 shall produce the petitioner No.4 (Muskan) before the Court of Chief Judicial Magistrate or Judicial Magistrate concerned at Hathras by or before 29th September, 2020. Upon her production, the Judicial Magistrate concerned shall proceed to record the statement of Muskan to ascertain whether any force has been used on her or she has been voluntarily in the company of the petitioner No.1. In case, the victim deposes before the Judicial Magistrate concerned that force has been used on her, the Judicial Magistrate concerned 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.1 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 determining the age of the victim. On the date so fixed, the learned Magistrate shall proceed to determine the age of the victim as per law keeping in mind the provisions that are applicable for determination of the age of a victim and may, if necessary, direct for ossification test/medical examination for the victim from a District Government Hospital. If the victim is found a minor, the learned Magistrate shall proceed to pass appropriate orders in respect of custody of the victim, as per law. However, in case the victim is found an adult, he shall proceed to record the statement of the victim under Section 164 Cr.P.C.
On the basis of the statement of the victim and the age of the victim as determined above, 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 or the Judicial Magistrate concerned. Till 29th September, 2020, or the date on which the victim is produced before the Chief Judicial Magistrate or the Judicial Magistrate concerned, whichever is earlier, no coercive action shall be taken against the petitioners in the above case. Thereafter, if the victim is produced before the Judicial Magistrate concerned, as directed above, the accused shall be dealt with as per the statement of the victim. Though, in the event the victim is found to be minor, the police would be free to take the investigation to its logical conclusion and may effect arrest of the accused.
It is further clarified that if the victim is not produced by the date fixed as above, there shall be no protection and the investigation 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 of.
Order Date :- 1.9.2020/Ashutosh Pandey