Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
Under challenge in this writ petition is FIR relating to crime no. 1008 of 2009 under Sections 363 & 366 IPC of Police Station Harpalpur, district Hardoi.
We have gone through the contents of the FIR and the High School Certificate of the prosecutrix-petitioner No. 2 (Annexure-5) and other documents annexed along with the writ petiton. Submission of learned counsel for the petitioners is that the petitioner No. 1 and petitioner No. 2 Babli are major and they being major, have entered into marriage out of their own free will . He submitted that in Annexure-5 which is School Leaving Certificate of petitioner no. 2, the date of birth of petitioner No. 2 Babli is mentioned as 10.08.1990, as such, on the date of marriage, she was major. He submitted that in view of the law laid down by the apex Court in the case of Lata Singh vs. State of U.P. (AIR 2006 Supreme Court 2522), the petitioners, being major, had every right to marry a person of their choice, as such, they have entered into marriage and the present FIR is a sham and is liable to be quashed.
We find substance in what has been argued by the learned counsel for the petitioners.
Issue notice to opposite party No. 3 returnable at an early date. The opposite parties may file counter affidavit within six weeks. Two weeks thereafter are allowed to the petitioners to file rejoinder affidavit, if any.
List after expiry of said period.
Till the next date of listing the petitioners shall not be arrested in the above mentioned case crime number. Investigation shall go on and the petitioners shall cooperate with the same. Order Date :- 2.4.2010 anb