Hon'ble Naheed Ara Moonis,J.
Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1 to 3.
Issue notice to the opposite party no. 4.
Each one of the respondent is accorded four weeks' time to file counter affidavit.
Rejoinder affidavit may also be filed within two weeks' thereafter.
List after six weeks'.
On the matter being taken up today, Smt. Poonam Dixit, petitioner no. 1 is present in the Court and she claims that she is major and on her own freewill, walked out from her parental house and has entered into matrimonial alliance with Kamlesh Dubey, s/o Uma Shanker Dubey petitioner no. 2. Both the petitioners have contended that once they are major and they have voluntarily married, then to conceive in view of the judgment of Apex Court rendered in Criminal Appeal No. 1142 of 2013 (Sachin Pawar vs. State of U.P) decided on 02.08.2013, that, offence has been committed under Sections 363, 366 I.P.C., cannot be approved of. The petitioners are present in the Court and have been identified by their counsel.
Prima facie arguments advanced appear to have some substance and require consideration by this Court as such pursuant to impugned F.I.R. dated 17.2.2016 registered as Case Crime No. 3 of 2016, under sections 363, 366 I.P.C., P.S. Bitholi, district- Etawah, no coercive action be taken against the petitioners. Order Date :- 26.2.2016 RU