Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for petitioners as well as learned A.G.A. for the State.
By means of this writ petition the petitioners have prayed for quashing of the impugned First Information Report registered vide no. 128/2021 dated 10.05.2021 lodged by the opposite party No. 4, at Police Station Singahi, District Kheri, under Section 366 I.P.C. against the petitioners no. 2 to 4.
It is averred in the writ petition that petitioner no. 1 Kamala Kumari and petitioner no. 2 Pramod Kumar Yadav being major have entered into a marriage alliance after undergoing the requisite rituals as per the traditions of Arya Samaj. 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 02.04.1998 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 both the petitioners no. 1 & 2 are major and have married with each other out of their own free will and are living a 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 :- 27.5.2021 J.K. Dinkar