HANUMAN PANCHAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C., 1973 seeking quashing of FIR No. 33/2018 registered at Police Station Kapren, Bundi for the offence under Section 363 IPC.

(2.) It is not disputed that the petitioner no. 2 Mahima Rajawat according to her own free will left the house of her parents and has performed marriage with the petitioner no. 1. However, the age of the petitioner no. 2 is in dispute before this Court. The learned counsel for the petitioner has produced photocopy of the Certificate of Secondary Examination, 2016 issued by Board of Secondary Education, Rajasthan. In the said Certificate, the date of birth of the petitioner is recorded as 19.9.1999. The learned counsel for the petitioner has also produced photocopy of the marksheet of VIIIth Class issued by Sanjay Bal Vidhya Niketan, Kapren, Bundi. In the said certificate, the date of birth of the petitioner no.2 is recorded as 19.9.1999. The learned counsel for the petitioner has placed on record true attested copies of the aforesaid documents on record. Sub Inspector Mr. Vasudev has submitted that the date of birth of petitioner no.2 in the examination form is recorded as 19.9.2000 and hence, it is contended that on the day when petitioner no.2 left the house of her parents, she was aged 17 years and 8 months.

(3.) The investigating officer has further submitted that ossification test of petitioner no.2 was carried and Board of Doctors have determined the age of petitioner no.2 as more than 17 years but less than 18 years.