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2015 DIGILAW 2513 (ALL)

Rajendree v. State of U. P.

2015-08-20

ARVIND KUMAR MISHRA I, V.K.SHUKLA

body2015
JUDGMENT Heard learned counsel for the petitioner and learned AGA for the State. 2. Smt. Rajendree w/o Balister is before this Court with a request to quash the FIR dated 18.10.2014 registered as Case Crime No. 106/345/14 under Sections 363/366/376-D IPC & 3/4 as well as 16/17 of POCSO Act and 3 (2) (5) of SC/ST Act at police station Saroorpur, district Meerut. 3. On the matter being taken up today, from the side of petitioner, it has been sought to be contended that petitioner before us is mother of Sunny and inter-se Rekha and Sunny there has been relationship and as far as petitioner is concerned at no point of time she ever contributed to the said relationship in question. It has been further contended that initially the girl in question has come up with the correct story in the statement made under Section 161 Cr.P.C. but, thereafter, under the influence of her family members totally incorrect and distorted statement of fact has been mentioned by her in the statement made under Section 164 Cr.P.C. 4. We have the occasion to peruse the FIR in question alognwith the statement of girl made under Section 164 Cr.P.C. and what we find from the averments, that have been mentioned therein, is that as far as petitioner is concerned, she is a facilitator of the crime in question. Once such is the factual situation, that has been so narrated in the FIR as well in the statement of girl recorded under Section 164 Cr.P.C., and recording of statement under Section 164 Cr.P.C. also forms integral part of the ongoing investigation, then investigation should be concluded and brought to its logical end but taking into account all other attending circumstances as has been pointed out by the petitioner that girl in question has entered into matrimonial alliance with her son. 5. 5. Consequently, request for quashing of the FIR cannot be accorded by this Court but in the peculiar facts and circumstances of the case, as the factum of marriage has also been set-up, we proceed to direct that as the process of investigation is on, the process of investigation may be brought to its logical end but as far as petitioner is concerned, pursuant to the impugned F.I.R. dated 18.10.2014 registered as Case Crime No. 106/345/14 under Sections 363/366/376-D IPC & 3/4 as well as 16/17 of POCSO Act and 3 (2) (5) of SC/ST Act at police station Saroorpur, district Meerut, she may not be arrested till credible evidence is collected against her or submission of police report under Section 173 (2) Cr.P.C., whichever is earlier, and petitioner shall extend full cooperation in the investigation and shall not interfere with the ongoing investigation. 6. With these observations/directions, writ petition is disposed of.