NAZIYA ANSARI Vs. STATE OF U,P,

JUDGEMENT

(1.) Learned counsel for the petitioners is permitted to implead the S.P. Siddharthnagar, as a party respondent, to this petition, during the course of the day.

(2.) The first petitioner is an adult woman aged about 21 years. It is alleged that the second petitioner is an adult man. They have married according to their freewill and wish. Learned counsel for the petitioners has pointed out that the first petitioner's Secondary School Certificate issued by the Maharashtra State Board is on record, which shows her date of birth as 25. 04.2003. She is, therefore, now aged 21 years. Apparently, she has married the second petitioner on 17/4/2024 according to Muslim rites, regarding which there is a marriage certificate issued by the Telangana State Waqf Board dtd. 25/4/2024. It has been issued by the Chief Executive Officer of the said Board.

(3.) Learned counsel for the petitioners points out that not only the Police went after the second petitioner to arrest him in connection with the impugned FIR, but also have taken the first petitioner into unlawful custody and handed her over to her uncle, respondent no.3, one Mohd. Jaheer, son of Tahir. The first petitioner was produced before the Magistrate by the Police and her statement under Sec. 164 Cr.P.C. recorded. In her statement, the prosecutrix has categorically said that she is 21 years old and passed her Class XII Examination. She has also said that on 8/4/2024, she left home of her own at nine o' clock in the evening and went to a place called Supa. There, at her bidding, one Hidayat was waiting in a white coloured Car and she went along with him of her freewill to Hyderabad. Once in Hyderabad, she had phoned up the second petitioner, Mohd. Umar and called him over. The two stayed in a hotel on 17/4/2024 and contracted a marriage there. It is stated before the Magistrate also that the first petitioner's uncle, Mohd. Jaheer, has implicated the second petitioner in a false case and is extending death threats to her.