Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 17342 of 2019 Petitioner :- Mithlesh Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bal Ram Prasad Sen Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Rohit Ranjan Agarwal,J.
The present petition is directed against the First Information Report lodged on 8.3.2018. The submission of learned counsel for the petitioners is that both the petitioner nos.1 and 2 are major as they have crossed minimum age for marriage of 18 and 21 years and they have performed their marriage in temple and are living as husband and wife. Inorder to assert the petitioners being major, copies of Aadhar card of both the petitioners have been appended with the affidavit accompanying the writ petition.
A perusal of Aadhar card of petitioner no.2 indicates that her date of birth of is 2.6.2001 meaning thereby, she had attained the majority in the month of June, 2019. On the date of lodging of the First Information Report, it, thus, appears that the petitioner no.2 was minor.
In the affidavit accompanying the writ petition, the age of petitioner no.2 has been mentioned 20 years. The affidavit filed in support of the writ petition is, thus, a wrong statement on oath.
No case is, thus, made out for quashing of the First Information Report, the writ petition is found devoid of merit and is, accordingly, dismissed.
Order Date :- 25.6.2019 Harshita