NAZIYA AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kesshari Nath Tripathi, learned counsel for the petitioners, Sri Meraj Ahmad Khan, learned counsel for the respondent no. 4 and Sri Ashish Pandey, learned AGA for the State.

(2.) This petition has been filed by the petitioners with a prayer to quash the impugned First Information Report dated 22.11.2015 in Case Crime No. 603 of 2015, under Sections 363, 366 I.P.C., P.S. and District Sambhal.

(3.) Learned counsel for the petitioner submitted that the as per F.I.R., the prosecutrix namely Smt. Naziya petitioner no. 1 is stated to be minor aged about 16 years and as per voter I.D. card, she is aged about 19 years. He further submitted that the petitioner no. 1 voluntarily married with petitioner no. 2 Shane Alam and live with him at his house as husband and wife. Learned counsel for the petitioners in support of his contention has placed reliance on the judgment passed in the case of S. Varadarajan Vs. State of Madras (1965 AIR 942, 1965 SCR (1) 243. He further submitted that the petitioner no. 1 is voluntarily living with petitioner no. 2, hence the impugned FIR is liable to be quashed.