VISHAL UPADHYAY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Hitesh Pachori, learned counsel for the petitioners, Sri Somvir, learned counsel for the informant and Sri G.P. Singh, the learned A.G.A.

(2.) This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 11.10.2019 in Case Crime No. 836 of 2019, under Section 366 IPC, P.S. Sadar Bazar, District- Agra.

(3.) Learned counsel for the petitioners submits that as per the High School Certificate of the victim (Petitioner no. 2), she is major (22 years), coupled with the fact petitioner no.2 has entered into a matrimonial alliance with petitioner no.1 (aged 21 years) on 5.10.2019, are living together as a legally wedded couple, prosecution is liable to be quashed as no offences are made out.