Gyanmati & Others vs State of U.P. & Others

Dinesh Gupta, J.—Heard learned counsel for the petitioners, Sri S.K.Tripathi, learned counsel for the complainant and the learned A.G.A.

2.This writ petition has been filed by the petitioners namely Smt. Gyanmati, Rajan Maurya, Deenanath, Ram Dulari and Ram Autar for quashing of FIR of case crime No. 797 of 2012, under sections 363, 366 IPC, P.S. Parasrampur, District Basti.

3.The Petitioners Rajan Mauirya (hereinafter referred to as petitionerhusband) and Smt. Gyanmati (hereinafter referred to as petitionerwife) are present in this Court and they have been identified by their lawyer. Petitionerwife claims to have voluntarily married, the petitionerhusband out of her own sweet will and is living with him without any coercion and compulsion, and denies that she has ever been kidnapped by petitionerhusband or the other petitioners.

4.In the writ petition, it is mentioned that petitionerwife is major, but no reliable proof regarding her age has been annexed with the petition.Learned counsel for the complainant submits that the girl is minor.

Learned counsel for the complainant shall take the plea of the girl being minor before the magistrate concerned, who shall take it into consideration.

6.Since, there is no dependable proof of age of petitionerwife as no reliable school certificate is available, we direct her to appear before the Chief Judicial Magistrate/Magistrate concerned within two weeks from today, who shall direct the Investigating Officer to produce her before the C.M.O. concerned for the purpose of getting her medical examination done for ascertaining her age as per her appearance and also by a radiological examination.

7.The age certificate will bear the self attested photograph of petitionerwife.

8.In case, the CMO reports that she is 18 years in age or above, the I.O concerned shall record her statement under Section 161 Cr.P.C and shall produce her before the CJM/Magistrate concerned for getting her statement recorded under Section 164 Cr.P.C, who shall duly record the same. The CJM/Magistrate concerned shall also satisfy himself that the marriage of the petitioners has been properly registered under the concerned Marriage Act.

9.The I.O shall provide proper security to the petitionerwife for ensuring compliance of the aforesaid directions.

10.In case the said statements are favorable to the petitionerhusband, the I.O. shall consider the appropriateness of submitting a final report in this case and the CJM concerned may also pass appropriate orders in this regard.

11.In case the petitionerwife is found to be minor, then the CJM/Magistrate concerned shall pass appropriate orders regarding her custody as he deems fit and proper.

12.For the future security of the petitionerwife the petitionerhusband is directed to deposit Rs. 80,000/(Eighty thousand only ) in a nationalized bank/post office in the form of fixed deposit for a period of not less than three years within one month in the exclusive name of the petitionerwife.

13.The amount so deposited shall not be withdrawn before its maturity under any circumstances except with the leave of the CJM/Magistrate concerned.

14.The concerned bank/post office shall be instructed by the depositor (Petitionerhusband ) to make a specific note in the record as well as on the fixed deposit receipt that the same shall not be encashed before maturity except with the leave of the CJM/Magistrate concerned.

15.The petitionerhusband is directed to furnish proof before the CJM/Magistrate concerned on or before 23.01.2013 that he has made out the fixed deposit receipt as directed above in the name of the petitionerwife.

16.Till the disposal of the aforesaid proceedings before the CJM concerned as provided herein above, the arrest of the petitioners in the aforesaid Case, shall remain stayed.

17.In case the petitionerhusband fails to fulfil any of the conditions mentioned herein above, the stay of arrest granted by this Court shall stand vacated.

18.With the aforesaid observations, the writ petition is disposed of.