Seema Sahu and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Civil Sectt. Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4815 of 2023 Petitioner :- Seema Sahu And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Civil Sectt. Lko. And Others Counsel for Petitioner :- D.P. Dutt Tiwari Counsel for Respondent :- G.A. Hon'ble Dinesh Kumar Singh,J. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard learned counsel appearing for the accused-petitioners and learned Additional Government Advocate appearing for the State.

¶2Present petition under Article 226 of the Constitution of India has been filed seeking quashing of the FIR No.0291 of 2023 registered on

14.06.2023 under Sections 366, 506 IPC, Police Station Maurawan, District Unnao on the complaint of the father of petitioner No.1 alleging that petitioner No.2 had enticed away her daughter (petitioner No.1) on

09.06.2023 at around 12:00 A.M. Petitioner No.1 had also taken away Rs.2,50,000/- cash and jewellary with her, which was kept for her marriage. It is also alleged that accused-petitioner No.2 and his family members have given threats to the family members of the complainant.

¶3Sri D.P. Dutt Tiwari, learned counsel appearing for the petitioners submits that the petitioners are major. They performed marriage on

12.06.2023, and the marriage has also got registered on 14.06.2023, copy whereof alongwith some photographs have also been placed on record. High school certificate of the prosecutrix has also been placed on record wherein date of birth of the prosecutrix has been mentioned as 26.04.2002.

¶4Considering the facts and documents, present petition is disposed of with a direction to petitioner No.1 to appear before the Investigating Officer on Monday i.e. 26.06.2023. Investigation Officer will record her statement under Section 161 Cr.P.C. and also under Section 164 Cr.P.C. After recording the statements, if the offence is made out, then only the Investigating Officer will proceed in the matter.

¶5Till the statement of the victim is recorded under Sections 161 and 164 Cr.P.C. and she is medically examined, the petitioner No.2 shall not be arrested in pursuance of the FIR In question. (Syed Qamar Hasan Rizvi,J.) (Dinesh Kumar Singh, J.) Order Date :- 21.6.2023/prateek High Court of Judicature at Allahabad, Lucknow Bench