Daya Chaudhary, J. - (1.) THE present petition has been filed under Section 482 Cr.P.C. for issuance of direction to respondents No. 2 and 3 not harass or interfere in the peaceful married life of the petitioners as they have solemnized marriage contrary to the wishes of private respondents No. 4 to 6 and are apprehending threat at their instance. Notice of motion in this case was issued on 01.07.2013 and in response to notice of motion, reply has been filed by respondent No. 5, who is the mother of petitioner No. 1.
(2.) LEARNED counsel appearing for respondent No. 5 submits that the petitioner No. 1 is in illegal custody of petitioner No. 2 as he has enticed and kidnapped her from the custody of private respondents. An FIR No. 90 dated 28.06.2013 has already been registered under Sections 363/366 -A IPC against petitioner No. 2 at Police Station Lopoke, District Amritsar Rural. It has also been mentioned in the reply that the date of birth of petitioner No. 1 is 05.08.1997. A copy of certificate issued by the Head Master of Government Elementary School, Manjh has been placed on record with the reply. On perusal of documents and the averments in the petition, it appears that the petitioner No. 1 is major and her date of birth is not known as she is illiterate. Similarly, petitioner No. 2 is stated to be more than 19 years of age and an affidavit in support thereof has also been filed before this Court, whereas, petitioner No. 1 being minor neither can file this petition nor can file an affidavit but the same has been shown just to get favourable orders. Petitioners have not only concealed the material facts but have also tried to project such a picture before this Court while filing this petition that a marriage has been solemnized against the wishes of private respondents and they are now giving threat to them. Even at the time of issuance of notice of motion, a query was put to learned counsel for the petitioners to verify about the date of birth, it was insisted that it is a correct date of birth as stated by the petitioners and because of that reason only, notice of motion was issued and no interim protection was provided to them.
(3.) IN view of the facts as mentioned above, the petitioners have filed this petition by concealing the material facts from this Court and not only they have tried to mislead the Court but an affidavit has also been filed by petitioner No. 1, who is minor, which is not maintainable. The petitioners are not entitled for discretionary relief as prayed for in the present petition and hence, the petition deserves to be dismissed.;