Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate, who has accepted notice on behalf of opposite parties No. 1 to 3. Issue notice to opposite party No. 4 returnable at an early date. Respective opposite parties may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed by the petitioner within next two weeks.
List after expiry of aforesaid period.
Under challenge is FIR relating to Case Crime No. 905 of 2009, under Sections 363 & 366 IPC, police station Kaisherganj, district Bahraich. We have gone through the contents of the FIR in which the age of the prosecutrix has been shown to be 16 years but as per medical examination report (Annexure-3) she is aged about 20 years. learned counsel for the petitioners relies upon the law laid down by the Apex Court in the case of Lata Singh Vs. State of UP and another reported in AIR 2006 SC 2522 and submits that since Km. Kiran and Ajay Kumar (petitioner no. 1) are major, they have got every right to marry a person of their own choice, which they have done, as such, this FIR is an outcome of vengeance and is liable to be quashed.
We find substance in the arguments of learned counsel for the petitioners. We hereby direct that the petitioners shall not be arrested in the aforesaid case crime number unless and until cogent and reliable evidence comes forward against them in the shape of report under Section 173 Cr.P.C., provided they cooperate with the investigation, which shall go on. Order Date :- 8.1.2010 Pradeep/-