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Shiv Kumar & another. vs State of Uttarakhand & others.

Uttarakhand High Court · Decided on 20 March 2017 · Citation: (2017) 03 UK CK 0043

HON’BLE JUDGES
V.K. Bist
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-164>Section 164</a> - Recording of confessions and statements · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-376>Section 376</a>, <a href=1767-363>Section 363</a>, <a href=1767-372>Section 372</a>, <a href=1767-366>Section 366</a> - · Protection of Children From Sexual Offence Act, 2012, Section 3, Section 4
RESULT
Dismissed
CASE NUMBER
348 of 2017
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Judgment

7 paragraphs · 356 words
1.

Present petition has been filed by the petitioners challenging the F.I.R. dated 22.09.2016,

bearing F.I.R. No.280/2016, registered at Police Station Bazpur, District Udham Singh Nagar, under Section 363, 366, 372, 376 I.P.C. and 3/4 Protection of Children from Sexual Offence Act, 2012.

2.

Allegations in the F.I.R. lodged by the respondent no.3 (complainant) are that the petitioners kidnapped her and committed rape upon her.

3.

Learned counsel for the petitioners referred to the statement of the complainant recorded by the Investigating Officer under Section 164 Cr.P.C., in which she has stated that she is an adult of 19 years of age and nobody has abducted her and, in fact, she is in love with Nempal and, thereafter, she got married with him. She stated that there was a money dispute between her family members and the family members of the petitioners and, for this reason, she got registered the F.I.R. against the petitioners. It is further stated in the statement that they

have entered into a compromise. Learned counsel for the petitioners further referred to the report submitted by the Investigating Officer in the Court of Judicial Magistrate, Kashipur, in which it is stated that there is friction going on between the family members of the complainant and the petitioners and, due to this reason, false complaint was made in the Court. It is also stated that the complainant got married with Nempal on 05.06.2016. He submitted that these two documents are sufficient for granting relief in favour of the petitioners.

4.

I have perused the impugned F.I.R. In my view, this is not a fit case, where the Court should interfere in this criminal writ petition filed under Article 226 of the Constitution of India. It is open for the Investigating Officer to investigate the matter and reach to the conclusion; either to file charge sheet or submit final report.

5.

The writ petition lacks merit and is dismissed. However, it is observed that if the petitioners surrender before the Magistrate concerned and moves bail application, the concerned Magistrate shall decide the bail application of the petitioners very very expeditiously, in accordance with law.