- (1.) Heard Sri R.K.Saini, learned counsel for the petitioners, Sri Mohd. Faisal Khan, learned counsel for the caveator-respondent no.4, Sri Jitendra Singh, learned A.G.A. for the State and perused the record.
(2.) This petition has been filed by the petitioners with a prayer to quash the impugned First Information Report dated 15.2.2018 registered as Case Crime No.105 of 2018, under Sections 366, 458, 506 I.P.C., Police Station Jhinjhana, District Shamli.
(3.) Learned counsel for the petitioners submitted that the prosecutrix/petitioner no.1 and petitioner no.2 are major aged about 21 years and 28 years respectively as per their High School Certificates, copies of which have been annexed as Annexure-1 and 2 to the writ petition.He further submits that there was love affair between the petitioner no.1 and 2 and they both have performed marriage on 23.2.2018 according to Hindu Rites and Rituals at Arya Samaj Mandir and since then they are living together as husband and wife. He next argued that the petitioner no.1 had voluntarily left her parental home and entered into matrimonial alliance with petitioner no.2 and that she was major, it cannot be said that any cognizable offence against the petitioner nos.1 and 2 is made out, hence the impugned FIR is liable to be quashed. Learned counsel for the petitioners further submits that as the petitioner nos.1 and 2 are major and they have voluntarily married, then to conceive in view of the judgment of Apex Court rendered in Criminal Appeal No. 1142 of 2013 (Sachin Pawar vs. State of U.P) decided on 02.08.2013), that, offence has been committed under Section 366 I.P.C., cannot be approved of.;