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Allahabad High Court · body

2014 DIGILAW 1029 (ALL)

Niharika Urf Gudiya v. State of U. P.

2014-03-31

AKHTAR HUSAIN KHAN, DEVENDRA PRATAP SINGH

body2014
JUDGMENT 1. Heard learned counsel for the petitioners and the learned A.G.A 2. This writ petition has been filed by the petitioners for quashing of FIR of case crime No.57 of 2014 under sections 363, 366, 342 IPC and 16/17 of the Prevention of Children from Sexual Offences Act, Police Station Shahpur district Gorakhpur. 3. The petitioner no.1 Smt. Niharika @ Gudiya and petitioner no.2, Dharmveer Paswan @ Nate are present in this Court and they have been identified by their lawyers. Petitioner No.1, Smt. Niharika @ Gudiya claims to have voluntarily married Dharmveer Paswan @ Nate, the petitioner No. 2 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 No.2 or the other persons. 4. In paragraph No. 5 of the writ petition, it is mentioned that petitioner No. 1 is major and is aged about 19 years, but no reliable proof regarding her age has been annexed with the petition. 5. Since, there is no conclusive dependable proof of age of Smt. Niharika @ Gudiya as no reliable school certificate is available, we direct her to appear before the CJM/Magistrate, Gorakhpur within two weeks from today, who shall direct the Investigating Officer to produce her before the C.M.O. Gorakhpur for the purpose of getting her medical examination done for ascertaining her age as per her appearance and also by a radiological examination. 6. The age certificate will bear the self attested photograph of Smt. Niharika @ Gudiya. 7. 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 Smt. Niharika @ Gudiya before the CJM/Magistrate concerned for getting her statement recorded under Section 164 Cr. P. C., who shall duly record the same. 8. The I.O. shall provide proper security to the petitioner no.1, Smt. Niharika @ Gudiya for ensuring compliance of the aforesaid directions. 9. In case the said statements are favourable to the accused-petitioners, Smt. Niharika @ Gudiya the I.O. shall consider the appropriateness of submitting a final report in this case and the CJM /Magistrate concerned may also pass appropriate orders in this regard after hearing the informant. 10. 9. In case the said statements are favourable to the accused-petitioners, Smt. Niharika @ Gudiya the I.O. shall consider the appropriateness of submitting a final report in this case and the CJM /Magistrate concerned may also pass appropriate orders in this regard after hearing the informant. 10. In case the petitioner no.1, Smt. Niharika @ Gudiya is found to be minor, then the CJM/Magistrate concerned shall pass appropriate orders after hearing the public prosecutor and the informant regarding her custody as he deems fit and proper. 11. For the future security of the petitioner No.1, Smt. Niharika @ Gudiya , the petitioner No. 2, Dharmveer Paswan @ Nate is directed to deposit 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 petitioner No. Smt. Niharika @ Gudiya. 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 No. 2) 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 CMM/CJM/Magistrate concerned. 14. The petitioner No. 2 is directed to furnish proof before the CJM/Magistrate concerned within six weeks that he has made out the fixed deposit receipt as directed above in the name of the petitioner No.1, Smt. Niharika @ Gudiya. 15. Till the disposal of the aforesaid proceedings before the CJM /Magistrate concerned as provided herein above, the arrest of the petitioners in the aforesaid Case Crime number shall remain stayed. 16. In case the petitioner No. 2 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 off.