Hon'ble Jaspreet Singh,J.
The Court has been convened through Video Conferencing.
Heard Sri Akhilesh Patel, learned counsel for the petitioners, Sri D.S. Rana learned AGA for the State and perused the impugned F.I.R. as well as material, brought on record.
Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1, 2 & 3.
Issue notice to the opposite party no. 4.
Each of the respondent is granted four weeks time to file counter affidavit.
Rejoinder affidavit, if any, may also be filed within two weeks thereafter.
List after six weeks before the appropriate Bench.
Learned counsel for the petitioners submits that as per the high school marks sheet the victim-petitioner no. 1, namely, Rubi Devi is a major girl aged about 23 years is a major girl aged about 21 as in the high school certificate her date of birth has been mentioned as '15.06.1997'. He further submits that the petitioner nos. 1 and 2 have married each other on 14.01.2021 and they are living together as husband and wife since then. He further 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 366, I.P.C., cannot be approved of.
Prima facie arguments advanced appear to have some substance and require consideration by this Court as such pursuant to impugned F.I.R. dated 14.01.2021, registered as Case Crime No. 20 of 2021 under Section 366 I.P.C. Police Station Lonar, District Hardoi until further orders, no coercive action be taken against the petitioners.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 31.5.2021 NS/Asheesh