SHYAM VEER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the parties. From the age certificate issued by Chief Medical Officer, Budaun dated 28th July, 2012, we find that the girl-Anita was aged about 18 years as on 28th July, 2012. Now, she says she is aged about 20 years. Appellant- Shyam Veer Singh is about 22 years of age. Both of them state that they are married but as the complainant, father of the girl had not given any consent for marriage he filed an F.I.R. giving rise to Crime No. 163 of 2012 under Sections 363, 366, 376 of the Indian Penal Code.

(3.) Taking into consideration the fact that the girl-Anita was major at the time of marriage and is about 20 years old as on today and the boy is also a major, we are of the view that the criminal proceeding against the Appellant was not justified. The Court was not justified in sending the girl-Anita in Nari Niketan. For the reasons aforestated, we quash the F.I.R. No. 71 of 2012 and the proceedings in Crime Case No. 163 of 2012 pending before the Court of A.C.J.M. Court No. 2, Badaun and release the girl-Anita forthwith. Appellant- Shyam Veer Singh may accompany the girl-Anita. The order passed by this Court be intimated to the Superintendent, Nari Niketan, Bareilly through the person who has produced the girl Anita, who will make necessary entry in their record.