KAMLESH Vs. STATE

JUDGEMENT

(1.) This is a petition for quashing FIR No.312/2009 registered at Police Station Sangam Vihar under Section 363 of IPC.

(2.) Petitioner No.1, who is the daughter of respondent No.4, claims to have married petitioner No.2. Though it has been stated in the petition that petitioner No.1 is a major aged 19 years, no proof of age of the petitioner No.1 has been filed by the petitioners. On the other hand, the Investigating Officer has collected copy of School Leaving Certificate of petitioner No.1 and as per the School Leaving Certificate, the date of birth of petitioner No.1 is 25.12.1995. As per the Ossification Test, the age of the petitioner No.1 has been opined to be between 14.5 to 14.9 years though there can be variation upto two years in the age determined by way of Ossification Test. The documentary evidence in the form of the School Leaving Certificate of the petitioner No.1 has necessarily be preferred over the opinion given by the Radiologist on the basis of the examination of her X-Ray Plates.

(3.) In the case of Madan Gopal Kakkad vs. Naval Dubey & Anr. (1992) 3 SCC 204 the Hon'ble Supreme Court, inter alia, observed as under: