Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21082 of 2019 Petitioner :- Smt. Tarrnum And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashvni Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Ashvni Mishra, learned counsel for the petitioners and Sri Rajnish Pandey, the Brief Holder for the State.
This writ petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 01.07.2019, Case Crime No. 251 of 2019, under Sections 363 & 366 I.P.C., Police Station- Kotwali Nagar, District- Aligarh.
The contention of the learned counsel for the petitioners is that it is a joint petition on behalf of the petitioners no. 1 & 2, who claim themselves to be a married couple, as per the personal law applicable to petitioner no. 1 / victim, competency to contract a marriage arises on attaining puberty, the age of petitioner no. 1 / wife is 17 years as per F.I.R., she is carrying 29 weeks pregnancy, voluntarily solemnized marriage with petitioner no. 2 (Ikrar), are living together out of their own will and consent without any coercion, petitioner no. 3 is close relative of petitioner no. 2, no offence is made out, F.I.R. be quashed.
Per contra, the learned A.G.A has opposed the submission.
It is well settled that amongst muslims, for a girl to contract a muslim marriage, she must have attained the age of puberty.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of. Order Date :- 27.9.2019 Vibha Singh