Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The petitioners herein seek issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No. 0077 of 2021, under Sections 363, IPC, Police Station- Jayas, District-Amethi.
Contention of the learned counsel for the petitioners is that the petitioners have married each other of their own volition and they are of the age of majority. Affidavit filed in support of this petition as per the prevalent norms for e-Court during Covid-19 Pandemic, is of petitioner no. 1 i.e. the wife whose mother has lodged the impugned F.I.R. alleging the petitioner no. 1 a minor, thereby alleging offence under section 363 I.P.C. The petitioners counsel says that assertion of the petitioner no. 1 is that she has passed VIIIth Class and her date of birth is dated 01.01.2003 which is also mentioned in her Adhar-card.
Issue notice to opposite party no. 4.
Let counter affidavit be filed within 3 weeks. Rejoinder affidavit, if any, may be filed within 1 week thereafter.
List this case immediately thereafter as fresh.
In the meantime, it is provided that the petitioners shall not be arrested in the aforesaid case crime number unless and until there is sufficient and credible evidence against them pointing that on the date of marriage the petitioner no. 1 or 2 were not of the age of marriage. Petitioners shall, however, co-operate in the investigation and in the event they do not cooperate, it can be made a ground for seeking vacation of this interim order.
Order Date :- 19.5.2021 A.Nigam