Court No. - 25 Case :- MISC. BENCH No. - 503 of 2010 Petitioner :- Mukesh Kumar S/O Ram Awatar & Anr. Respondent :- State Of U.P. Thru Secy. Home & Ors. Petitioner Counsel :- Ratnesh Agnihotri Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government
Advocate, who has accepted notice on behalf of opposite parties No. 1 & 2.
Under challenge in the instant writ petition is FIR relating to Case Crime No.
46 of 2010, under Sections 363 & 366 IPC, police station Gosainganj, district
Sultanpur.
We have gone through the contents of the FIR.
Submission of learned counsel for the petitioners is that the petitioner No.
1/Mukesh Kumar has married the daughter of opposite party No. 4, namely,
Mamta Tiwari, who is major as per her high school mark sheet/Annexure No.2
to the writ petition, wherein her date of birth has been shown to be 12.03.1991.
Their marriage certificates have also been annexed as Annexure-3 & 4.
In support of his contention, the learned counsel for the petitioners relies upon
the law laid down by the Apex Court in the case of Lata Singh Vs. State of UP
and another reported in AIR 2006 SC 2522 and submits that since Mukesh
Kumar/petitioner No. 1 and Km. Mamta Tiwari are major, they have got every
right to marry a person of their own choice, which they have done and the FIR
has been lodged with malafide intention and is liable to be quashed.
Let notice be issued to respondent No. 3, who may file counter affidavit within
six weeks from the date of service. Rejoinder affidavit, if any, may be filed by
the petitioners within next two weeks.
List after expiry of aforesaid period.
However, it is provided that the petitioners shall not be arrested in the
aforesaid case crime number till further order of this Court or till submission
of report under Section 173 Cr.P.C., provided they cooperate with the
investigation, which shall go on.
Order Date :- 22.1.2010
Pradeep/-