Allahabad High Court
Smt. Shakina Fatma And Another vs State Of U.P. And 3 Others on 13 January, 2020
Bench: Sunita Agarwal, Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 298 of 2020 Petitioner :- Smt. Shakina Fatma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lok Nath Shukla,Shahabuddin Counsel for Respondent :- G.A.,Ashutosh Kumar Pandey Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State-respondent.
By means of the present petition, the petitioners are seeking quashing of the first information report dated 09.12.2019 registered as Case Crime No. 552 of 2019, under Section 363, 366, 504, 506 & 120B I.P.C., P.S.- Ghosi, District- Mau.
The petitioner no. 1- Ms. Shakina Fatma d/o Mohd. Sayeed and petitioner no. 2- Sri Gause Aazam @ Dampi s/o Sri Misbahuddin are personally present in the Court and have been identified by learned Advocate appearing on their behalf.
The High School mark-sheet of petitioner no.1 has been placed before the Court to state that she is a minor girl. The High School examination result of the year 2017 of the petitioner no.2- Gause Aazam has also been produced today to assert that he is also a minor boy.
The petitioner no.1, however, states that she had performed her marriage with the petitioner no.2 out of her own sweet will and she is not ready to go with her mother.
As the proof of age of petitioner no.1 appended with the writ petition is only Adhar Card, which cannot be accepted to ascertain the age of petitioners (specifically petitioner no.1), it is provided that the petitioner no. 2 shall produce the petitioner no. 1 (Ms. Shakina Fatma) before the court of Chief Judicial Magistrate, Mau by or before 20th January, 2020. Upon her production, the Chief Judicial Magistrate, Mau shall proceed to record the statement of petitioner no.1 (girl) 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 petitioner no.1 deposes before the Chief Judicial Magistrate, Mau that force has been used on her, the Chief Judicial Magistrate, Mau shall proceed to pass appropriate orders immediately in respect of the custody/protection of the girl.
However, in case, the girl 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 girl for the purpose of determining the age of the girl.
On the date so fixed or within such reasonable time as may be required, the learned Magistrate shall proceed to determine the age of the girl as per law, keeping in mind the provisions that are applicable for determination of the age of a girl and may, if necessary, direct for ossification test/medical examination of the girl from a District Government Hospital.
If the girl is found to be a minor, the learned Magistrate shall proceed to pass appropriate orders in respect of custody of the girl, as per law. However, in case, the girl is found to be an adult, he shall proceed to record the statement of the girl under Section 164 Cr.P.C.
On the basis of the statement of the girl and the age of the girl 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 four weeks from the date of production of the girl before the Chief Judicial Magistrate concerned.
Till 20.01.2020 or the date on which the girl is produced before the Chief Judicial Magistrate, Mau whichever is earlier, no coercive action shall be taken against the petitioners in the above case. Thereafter, if the girl is produced before the Chief Judicial Magistrate, Mau, as directed above, the accused shall be dealt with as per the statement of the girl. Though, in the event the girl 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 girl 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 of.
Order Date :- 13.1.2020 P Kesari