Court No. - 25 Case :- MISC. BENCH No. - 2913 of 2010 Petitioner :- Man Singh S/O Late Jamadar Respondent :- State Of U.P. Thru Superintendent Of Police, Hardoi Petitioner Counsel :- S.C. Tewari Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional
Government Advocate.
Under challenge in this writ petition is FIR relating to crime no. 1008 of
2009 under Sections 363 & 366 IPC of Police Station Harpalpur, district
Hardoi.
We have gone through the contents of the FIR and the High School
Certificate of the prosecutrix-petitioner No. 2 (Annexure-5) and other
documents annexed along with the writ petiton.
Submission of learned counsel for the petitioners is that the petitioner
No. 1 and petitioner No. 2 Babli are major and they being major, have
entered into marriage out of their own free will . He submitted that in
Annexure-5 which is School Leaving Certificate of petitioner no. 2, the
date of birth of petitioner No. 2 Babli is mentioned as 10.08.1990, as
such, on the date of marriage, she was major. He submitted that in view
of the law laid down by the apex Court in the case of Lata Singh vs.
State of U.P. (AIR 2006 Supreme Court 2522), the petitioners, being
major, had every right to marry a person of their choice, as such, they
have entered into marriage and the present FIR is a sham and is liable to
be quashed.
We find substance in what has been argued by the learned counsel for
the petitioners.
Issue notice to opposite party No. 3 returnable at an early date.
The opposite parties may file counter affidavit within six weeks. Two
weeks thereafter are allowed to the petitioners to file rejoinder affidavit,
if any.
List after expiry of said period.
Till the next date of listing the petitioners shall not be arrested in the
above mentioned case crime number. Investigation shall go on and the
petitioners shall cooperate with the same.
Order Date :- 2.4.2010
anb