- (1.) As per the allegations levelled in the FIR No.25 dated 23.4.2012 u/ss 363/366-A, 120-B IPC, registered at P.S. Arni Wala, Distt. Ferozepur, the petitioners are guilty of taking away the minor sister of the complainant, namely Prabhjot Kaur, with the intention to marry her with petitioner No.1, who is husband of petitioner No.2.
(2.) By way of this petition, quashing of the aforesaid FIR is sought on the ground that the minor girl namely Prabhjot Kaur (respondent No.3) has been married to petitioner No.1 on 19.4.2012 in accordance with Sikh rites with the consent of petitioner No.2 (wife of petitioner No.1 and sister of respondent No.3) and her mother Mohinder Kaur.
(3.) Before, this Court considers the instant petition on merits, the question which comes to fore and is of utmost importance is that, whether parents of a minor have a right to marry her to a person who is already married and in such a situation, whether the Court should accept such an agreement of compromise or consent, for quashing of the FIR in question registered under Sections 363/366-A/120-B IPC and prima facie commission of an offence under Section 376 IPC also, (as in the instant case, it is an admitted case of the petitioners that the alleged marriage with minor has been consummated).;