BHARTI Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition has been filed for quashing the impugned order dated 21.01.2017 passed by the Chief Judicial Magistrate, Aligarh in Case Crime No. 926 of 2016 under Sections 363, 366 and 368 I.P.C., Police Station Quarasi, District Aligarh wherein respondent No.4 has been directed to produce the petitioner No.1 forthwith before this Hon'ble Court and set at liberty.

(2.) The FIR was lodged on 03.10.2016 which was registered as Case Crime No.926 of 2016 under Sections 363, 366 and 368 I.P.C., Police Station Quarasi, District Aligarh.

(3.) According to the FIR, appellant No.2 Suresh Kumar enticed away petitioner No.1 Bharti (detenue) with the help of his friends. Despite the best efforts made by the informant, she could not be traced out. A writ petition No. 24482 of 2016 was filed by the petitioners with the prayer to quash the FIR dated 03.10.216 registered as Case Crime No. 926 of 2016, under Sections 363, 366, 368 I.P.C., Police Station Quarasi, District Aligarh. This Court by order dated 01.12.2016 disposed of the writ petition with the direction to record the statement of the petitioner No.1 under Section 164 Cr.P.C. and produce before the concerned CMO by the concerned police officer for medical examination for the purpose of determining her age. The statement of petitioner No.1 Smt. Bharti (detenue) was recorded under Section 161 and 164 Cr.P.C. wherein she stated that a false FIR was lodged by her father as she had gone with the petitioner No.2 Suresh Kumar out of her own free will and wants to live with her husband.