RAHUL Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Rahul and Pratibha Dhiman, the two petitioners have filed the present writ petition with the prayer that FIR of Crime No. 14 of 2008, under sections 363, 366 IPC, Police Station Khatauli, District Muzaffar Nagar be quashed. The ancillary prayer is for stay of arrest.

(2.) IN brief the impugned FIR was lodged by Raj Kumar Dhiman, father of petitioner No. 2, Pratibha Dhiman, with the allegations that in the night of 28. 12. 2007 at 8. 00 p. m. his daughter petitioner No. 2 Pratibha Dhiman was cleaning utensils when petitioner No. 1 Rahul along with one more companion armed with country-made pistol came to the house of the in formant and forcibly abducted Pratibha Dhiman. INformant Raj Kumar Dhiman raised hue and cry and he along with his son Mukesh attempted to get Pratibha Dhiman rescued but they were threatened and Pratibha Dhiman was abducted. Police gave assurances to act and recover Pratibha Dhiman but did not recover her and there fore, informant moved an application be fore DIG on the basis of which the im pugned FIR was registered as Crime No. 14 of 2008, under sections 363, 366 IPC at Po lice Station Khatauli, District Muzaffar Na gar, which FIR is being sought to be quashed by the two petitioners.

(3.) CONTRARILY Sri Amti Dagga, learned Counsel for respondent No. 4, basing his argument on the counter affi davit submitted that petitioner No. 2 is a minor and the marriage solemnized by her is void being contrary to section 5 of Hindu Marriage Act. In the counter affidavit in formant has denied the fact that petitioner No. 2 Pratibha Dhiman is a major. He has filed school leaving certificate wherein date of birth of Pratibha Dhiman is recorded as 1. 6. 1995. The said certificate CA-1 has been issued by the Principal Primary School, Antwar District Muzaffarnagar. Vide An nexure CA-2 informant has filed the photo copy of the Ration Card of his family members wherein age of petitioner No. 2 is recorded as 13 years. Vide Annexure No. CA-3 to the counter affidavit the horoscope and the leep has been filed wherein also the date of birth of petitioner No. 2 is recorded as 1. 6. 1995.