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2013 DIGILAW 2464 (ALL)

Archana and Anr. v. State of U. P. and 3 Others

2013-09-30

NAHEED ARA MOONIS, SURENDRA SINGH

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Naheed Ara Moonis,J.— 1. Heard learned counsel for the petitioners and the learned A.G.A. 2. This writ petition has been filed by the petitioners, namely, Smt. Archana and Pradeep Kumar Panchal for quashing of FIR of Case Crime No. 87 of 2013 under Sections 363, 366, 506 I.P.C. and Section 3(2)5 of S.C./S.T. Act, Police Station Sadar Bazar, District Jhansi. 3. The petitioner no.1, Smt. Archana, the wife and petitioner no.2, Pradeep Kumar Panchal, the husband are present in this Court and they have been identified by their lawyer. The wife-petitioner claims to have voluntarily married with the husband-petitioner 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 the husband-petitioner or the other petitioners. 4. It is mentioned that the wife-petitioner is major and there is no dispute between the parties regarding her age. 5. Since the wife-petitioner as per High School certificate is major, we direct her to appear before the I.O concerned, who 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. 6. The I.O shall provide proper security to the wife-petitioner for ensuring compliance of the aforesaid directions. 7. In case the said statements are favorable to the accused- petitioners and others, 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. 8. Sri T. K. Mishra, learned counsel for the petitioners submits that the husband-petitioner No.2 expresses his willingness to deposit such reasonable amount as may be directed by this Court in a Nationalized Bank/Post Office in the Fixed Deposit Account exclusively in the name of the wife-petitioner. 9. It is accordingly provided that the husband-petitioner no. 2 shall put an amount of Rs.50,000/- (Rupees Fifty 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 wife-petitioner. 10. The amount so deposited shall not be withdrawn before its maturity under any circumstances except with the leave of the CJM/Magistrate concerned. 11. 10. The amount so deposited shall not be withdrawn before its maturity under any circumstances except with the leave of the CJM/Magistrate concerned. 11. The concerned bank/post office shall be instructed by the depositor (the husband-petitioner) 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. 12. The husband-petitioner is directed to furnish proof before the CJM/Magistrate concerned within a month that he has made out the fixed deposit receipt as directed above in the name of the wife-petitioner. 13. 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. 14. In case the husband-petitioner fails to fulfill any of the conditions mentioned herein above, the stay of arrest granted by this Court shall stand vacated. 15. With the aforesaid observations, the writ petition is disposed of. _____________