MALTI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Udayveer Singh, learned counsel for the petitioners, Sri Anil Kumar, learned counsel for the informant and Sri Rajesh Kumar Sacchan, learned State Law Officer appearing for the State-respondents.

(2.) The present writ petition has been preferred with the prayer to quash the impugned First Information Report dtd. 4/5/2023 registered as Case Crime No. 214 of 2023, under Sec. 366 I.P.C., P.S.- Rath, District- Hamirpur, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

(3.) Submission of learned counsel for the petitioners is that as per Junior High School Marksheet, the date of birth of petitioner no. 1, Smt. Malti Devi is 10/7/2001 and as per the Aadhar card and PAN Card, the date of birth of petitioner no. 2, Rajkumar is 1/1/1992 and as such, the petitioners no. 1 and 2 are major and they have married on their sweet will, therefore, no offence has been committed. By drawing attention to Annexure-4 to the petition, it is submitted that online application for registration of marriage has also been submitted. The present petition is also supported by a joint affidavit of the petitioners nos. 1 and 2. Reliance has been placed on a judgement and order dtd. 5/12/2022 passed by this Court in Criminal Misc. Writ Petition No. 17046 of 2022 (Smt. Juli Kumari and another vs. State of UP and 2 others) to submit that under identical circumstances the petition was allowed and FIR therein was quashed.