Virendra Saran, J. - (1.) Petitioners Pushpa Singh alias Shama and Rashid All have approached this Court with a prayer that the F.I.R. and investigation of Crime No. 61 of 1999 under Section 363/366, I.P.C. registered at Police Station Phoolbehar, district Kheri and all further proceedings from the F.I.R. be quashed.
(2.) On 22.4.1999 at 11.50 p.m. Rajesh Kumar Singh lodged the impugned F.I.R. with the allegation that petitioner Rashid All who belonged to his village used to pass through the door of the informant. On 19.4.1999 when the informant woke up in the morning of 19.4.1999 he found that his sister Pushpa aged about 15 years was not at home and she was missing. The informant along with some others see out in search of Pushpa. While the search was on, the informant and his companions came across their near villagers Sheo Karan Singh and Pooran who disclosed that at about 5.00 a.m. they saw petitioner Pushpa and petitioner Rashid Ali going together on a motor cycle. According to the F.I.R. petitioner Rashid Ali with the help of his family members had induced Puspha for eloping with him for marrying him (Rashid).
(3.) This instant writ petition has been filed by Pushpa herself and Rashid. It is asserted in the writ petition that Pushpa was a major being 19 years of age and she has entered into marriage with petitioner Rashid of her own free will and the marriage was solemnised on 18.4.1999 according to the customs prevailing in Muslim community and the Nikah was performed in the presence of family members and friends. The writ petition goes on to state that family members of petitioner No. 1 Pushpa were aggrieved by the marriage. Ever since their marriage on 18.4.1999 the two petitioners have been living together as husband and wife and the petitioners were desirous of living happily as such. Since petitioner No. 1 Pushpa is a major and she has of her own free will and consent entered into marriage with Rashid, no offence under Section 363/366, I.P.C. is spelt out. The writ petition is supported by affidavit of petitioner Pushpa Singh alias Shama.;