Smt. Priyanka Chauhan and Another v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17264 of 2023 Petitioner :- Smt. Priyanka Chauhan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Sri Rahul Kumar Pandey, learned counsel for the petitioners, Sri Ratan Singh, learned A.G.A. for the State and perused the record.

¶2This writ petition has been filed praying to quash the first information report dated 27.07.2023, registered in Case Crime No. 186 of 2023 under Section 363, 366 IPC, P.S. Avagarh, District Etah and not arrest the petitioners pursuant to the said FIR.

¶4Submission of the learned counsel for the petitioners is that as per Aadhar Card date of birth of the petitioner no.1-girl is

01.01.2004 and date of birth of the petitioner no.2-boy is

15.06.1995, therefore, both the petitioners are major and married to each other out of their own sweet free will as such no offence under Section 363 IPC is made out.

¶5Per contra, learned AGA on instructions submits that as per school certificate of class 5th date of birth of the petitioner no.1 is

12.08.2008 as such she is a minor on the date of incident.

¶6At this stage, learned counsel for the petitioners has placed reliance upon a judgment of Hon'ble Supreme Court in the case of Suhani vs. State of U.P. reported in 2018 0 Supreme (SC) 1430 and judgement dated 18.7.2023 passed in Criminal Appeal No. 1898 of 2023 (P. Yuvaprakash vs. State Rep. by Inspector of Police) submits that in all such matters Hon'ble Apex Court has directed for age determination test of the girl.

¶7In view thereof, we direct that the petitioner no.1-Smt. Priyanka Chauhan be produced before the Magistrate concerned, for recording her statement under section 164(1) and (5) of Cr.P.C. and thereafter, she shall be brought before the Chief Medical Officer concerned by the I.O. of the case who shall constitute a panel of three doctors, for her age determination test (ossification test). Both these exercises must conclude within six weeks from today.

¶8It is incumbent upon the petitioners to provide all necessary assistance to the Investigation Officer during investigation, however, the petitioners shall not be arrested during this period.

¶9The arrest of the petitioners shall be subject to the 164 Cr.P.C. statement of the girl and her age.

¶10In the event, if it is found that she had attained the age of majority and her 164 Cr.P.C. statement favours the petitioner no. 2, then the petitioners shall not be arrested till the submission of report by the police under section 173(2) Cr.P.C. OTHERWISE, the procedure of law would follow against the petitioners and the protection given to the petitioners would automatically stands vacated.

¶11With this observation, the writ petition stands disposed of. Order Date :- 3.11.2023 Vibha High Court of Judicature at Allahabad