PARVATI DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HAVING heard on the urgency application No. 2250/2014 moved in writ petition No. 568/2014, it is hereby allowed. Both the writ petitions WPCRL No. 648/2014 and WPCRL No. 568/2014 are inter -connected to each other, hence are being adjudicated together. The controversy is regarding the girl Km. Pinki, who by her own sweet will has married to Mr. Vikas Kumar, one of the petitioner in the above titled petition. The mother of Km. Pinki, Smt. Parvati Devi lodged the F.I.R. on dated 12.04.2014 with the allegations that Km. Pinki is a minor and her date of birth is 10.09.1997 and she has been eloped from the residence on 02.04.2014. Km. Pinki has been taken away by her neighbour Mr. Vikas Kumar, hence filed this writ petition before the Court, seeking direction to the concerned SHO for recovery of Km. Pinki.

(2.) ON the other hand, Mr. Vikas Kumar filed another petition for quashing the F.I.R. lodged by Smt. Parvati Devi as aforementioned.

(3.) LEARNED counsel for the petitioner Parvati Devi has shown a number of papers namely Scholar Register/Transfer Certificate Form of a school, where Km. Pinki pursued her education to 8 standard. Her date of birth is mentioned 10.09.1997 and the same date of birth is also mentioned in the mark sheet of 9th standard of Km. Pinki and the same date of birth is also revealed in the High School Examination Certificate. Learned counsel for the petitioner Vikas Kumar has produced the Scholar Register/Transfer Certificate Form of Km. Pinki issued by Basic Education School namely Khushi Bal Niketan Junior High School, Khadkhadi, Haridwar wherein the date of birth of Km. Pinki has been shown to be 15.09.1995 and if this certificate is believed then her date of birth is almost 5 months less to 19 years on the date of occurrence.