- (1.) The appellants Tabbassum Jahan and Imran Chaudhari married on 07.12.2009 at Haldwani in District Nainital (Uttarakhand). It is the case of the appellants that consequent upon their marriage, the "nikhanama" (certification of marriage) was issued, and as such, their marriage had the sanction of law. Respondent No.3 Mohd.Ali Saifi, the father of appellant No.1, lodged an First Information Report, bearing No.645/2009 at Police Station Kashipur, District Udham Singh Nagar. It was the assertion of respondent No.3 (in the complaint), that his daughter was a minor on the date of her marriage, and that, she had been kidnapped by appellant No.2 forcibly on 07.12.2009. Insofar as the "nikahnama" is concerned, the veracity of the same was contested, on account of the fact that it could not be accepted as legally valid, without the express consent of respondent No.3, as Tabbassum Jahan was a minor, when she entered into the above-mentioned matrimonial alliance.
(2.) The appellants before this Court approached the High Court of Uttarakhand at Nainital (hereinafter referred to as 'the High Court') by filing a Writ Petition (Criminal) No.1104 of 2009 wherein they sought quashing of the above First Information Report.
(3.) Having taken into consideration the factual position presented before it, the High Court did not find any justification to quash the above-mentioned First Information Report. Appellant No.2 - Imran Chaudhari i.e. the husband of appellant No.1, was accordingly required to surrender before the trial court, and face trial. Liberty was however granted to appellant No.2, to file a bail application consequent upon his surrender before the trial court. The aforesaid order dated 18.12.2009 passed by the High Court, is a subject matter of challenge, at the hands of wife and husband mentioned hereinabove.;