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2012 DIGILAW 2981 (ALL)

Birasala & Others v. State of U. P. & Others

2012-12-20

AMAR SARAN, DINESH GUPTA

body2012
Dinesh Gupta, J.;— Heard learned counsel for the petitioners and the learned A.G.A. 1. This writ petition has been filed by the petitioners Smt. Birasala, Neeraj @ Arvind Kumar, Ashok and Praveen for quashing of FIR of case crime No. 375 of 2012, under sections 363 and 366 I.P.C., Police Station Ramala, District Baghpat. 2. The petitioners Neeraj @ Arvind Kumar (hereinafter referred to as petitioner-husband) and Smt. BIrasala (hereinafter referred to as petitioner-wife) are present in this Court and they have been identified by their lawyer. Petitioner-wife claims to have voluntarily married petitioner-husband 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 petitioner-husband or the other petitioners. 3. In paragraph No. 7 of the writ petition, it is mentioned that petitioner-wife is major, but no reliable proof regarding her age has been annexed with the petition. 4. Since, there is no dependable proof of age of petitioner-wife as no reliable school certificate is available, we direct her to appear before the Chief Judicial Magistrate/Magistrate, Baghpat, 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. 5. The age certificate will bear the self attested photograph of petitioner-wife. 6. 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. 7. The CJM/Magistrate concerned shall also satisfy himself that the marriage of the petitioners has been properly registered under the concerned Marriage Act. 8. The I.O. shall provide proper security to the petitioners for ensuring compliance of the aforesaid directions. 9. In case the said statements are favourable to the accused-petitioners, 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. 10. In case the petitioner-wife is found to be minor, then the CJM/Magistrate concerned shall pass appropriate orders regarding her custody as he deems fit and proper. 11. 10. In case the petitioner-wife is found to be minor, then the CJM/Magistrate concerned shall pass appropriate orders regarding her custody as he deems fit and proper. 11. For the future security of the petitioner-wife, the petitioner-husband is directed to deposit Rs. 60,000/- (rupees sixty thousand) 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 petitioner-wife. 12. The amount so deposited shall not be withdrawn before its maturity under any circumstances except with the leave of the CJM/Magistrate concerned. 13. The concerned bank/post office shall be instructed by the depositor (petitioner-husband) to make a specific note in the record as well as on the fixed deposit receipt that the same shall not be encashed before its maturity except with the leave of the CJM/Magistrate concerned. 14. The petitioner-husband is directed to furnish proof before the CJM/Magistrate concerned on or before 22.1.2013 that he has made out the fixed deposit receipt as directed above in the name of the petitioner-wife. 15. 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. 16. In case the petitioner-husband fails to fulfill any of the conditions mentioned herein above, the stay of arrest granted by this Court shall stand vacated. 17. With the aforesaid observations, the writ petition is disposed of. _____________