ANTIMA KUMARI @ ANTIMA PAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Senior Counsel for the petitioners and learned counsel for the State.

(2.) Petitioners, who claim to be husband and wife, have filed this writ application for quashing of the FIR instituted by father of petitioner no. 1 alleging about her kidnapping by the accused persons. In the FIR he claimed that petitioner no. 1 is minor. Therefore, on this complaint, the case was instituted under Sections 366, 366(A) and 363 of the Indian Penal Code.

(3.) Alongwith the writ application, photocopies of the Admit Card of petitioner no. 1 as well as school leaving certificate are annexed from which it appears that petitioner's date of birth is 05.03.1980. Thus, on 8.4.2009, i.e. alleged date of occurrence, she will be 29 years of age. Annexure-4 is a marriage certificate issued by the Marriage Officer of Durgapur Municipality Sub- Division certifying that the petitioners had married on 29th May, 2009. This information has been furnished to the Officer in-charge of Barhaiya Police Station by an advocate on behalf of petitioner no. 1. The documents amply show that petitioner no. 1 is major and had married with petitioner no. 2 on her own volition.