MAHESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Both these writ petitions arise out of case Crime No. 505 of 2002, under Sec. 364 Indian Penal Code, police station Mawana, district Meerut and, there-fore, they were heard analogously and are being disposed of by this common judgment.

(2.) Sri Ram, respondent No. 3 lodged a report at Mawana P.S. alleging that on 9.12.2002 his niece Yogita, a student of B.A.-III years had been to Laxmi Degree College to prosecute here studies and when she did not return home, he lodged a missing report. On 15.12.2002, being informed by Rakesh and Manoj, residents of Mawana that on 9.12.2002 at about 2 p.m. petitioners Mahesh alongwith his two brothers namely, Vishnu and Naresh and father Rajpal kidnapped Yogita in a car, he made report to the police whereupon the aforementioned case was registered, challenging which these petitions are filed praying to quash the FIR and restrain the police to arrest the petitioners.

(3.) It is the case of Mahesh that both he and Yogita were intensely lovelorn and ultimately got married on 19.5.2002 at Arya Samaj Shastri Nagar, Meerut. Besides, they also got their marriage registered before the Sub-Registrar, Meerut on 8.7.2002 and obtained certificate. It is his specific case that at the relevant time Yogita was major being aged about 20 years, her date of birth, according to school leaving certificate being 1.1.1983 and she out of her own volition and freewill married him and since then both of them are living as husband and wife.