Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for petitioners as well as learned A.G.A. for the State through video conferencing.
By means of this writ petition the petitioners have prayed for quashing of the impugned First Information Report dated 09.04.2021 lodged by the opposite party No. 4, at Police Station Kotwali Nagar, District Bahraich, First Information Report No. 97/2021, under Section 363 I.P.C which has been lodged against the petitioners No. 2 & 3.
It is averred in the writ petition that petitioners being major have entered into a marriage alliance as per Muslim rituals. The age proof of petitioner No. 1 is that on educational record i.e. High School Certificate wherein her date of birth is recorded as 06.07.2000 according to which she has already attained the age of majority.
In view of the facts stated herein above and taking into consideration the fact that petitioners no. 1 & 2 are major and have married with each other by their own free will and are enjoying their peaceful matrimonial life, accordingly, the writ petition is disposed of with the observation that till the filling of the police report under Section 173(2) Cr.P.C., petitioners shall not be arrested in connection with the aforesaid case crime number. However, the petitioners will co-operate with the investigation.
Order Date :- 25.5.2021 J.K. Dinkar