The Division Bench of Allahabad HC comprised of Manoj Misra and Virendra Kumar Srivastava JJ. held that in case of an investigation, no protection shall be given and the investigation agency has the freedom to bring the case to a logical conclusion.
An instant petition was sought with the intent to quash the FIR registered under Section 363, 366, 506 IPC. The allegations charged entailed in the aforementioned FIR was that the victim hereby the petitioner 5 had been frisked away by the accused. The victim was only 16 at this point of time.
The petitioner counsel Ram Sajivan submitted to the court that the petitioner 5 now adult willingly married the petitioner 1 named Kishan Kumar. In the matter of age proof, the Aadhar card was submitted as an age proof. The evidence submitted stated that the birth date of the petitioner 5 was 01.01.2000.
The government advocate for the respondent iterated that the law did not recognize the Aadhar Card as a conclusive age proof. The respondent counsel prayed for the quashing of the entire instant petition on grounds that since the age was not discernible, let an investigation agency look into it and then the course of law followed.
The court after hearing both the parties concluded that the petitioner 1 was required to produce petitioner 5 in front of the court of Chief Judicial Magistrate, Farrukhabad for ascertaining the fact that petitioner 5 was staying willingly with the petitioner 1. The court also held that the Aadhar card was not a sufficient documentation as an age proof. The CJM shall call upon the police and fix a date for the proper production of the victim and her legal guardians. In the event of the discovery of the victim to be a minor, appropriate procedures shall be taken thereupon.