- (1.) The petitioners are seeking quashing of FIR No.108 dated 05.04.2013 under Sections 363, 366, 120-B IPC registered at Police Station Jodhewal, District Ludhiana (Annexure P-1) and all subsequent proceedings arising therefrom.
(2.) Petitioner No.1 is stated to have married respondent No.3 on 04.04.2013. The marriage was not acceptable to the family members of respondent No.3. Respondent No.2, who is the brother of respondent No.3, had lodged the aforementioned FIR alleging that respondent No.3 was a minor and hence offence under Sections 363, 366, 120-B IPC was made out against the accused including the petitioners. Petitioner No.2 is the brother-in-law of petitioner No.1 while petitioner No.3 is the wife of petitioner No.2. Respondent No.2 had relied upon the birth certificate issued by Department of Health, Government of Uttar Pradesh (Annexure R2/1) and Pre Middle School Examination certificate (Annexure R2/2) wherein the date of birth of respondent No.3 is mentioned as 05.07.1995 meaning thereby that she was about three months short of age of 18 years. Learned counsel for the petitioners has stated that the date of birth of respondent No.3 is 16.06.1994 in terms of the Board of High School Examination and Intermediate Education of UP certificate issued by the Secretary of the Board (Annexure P-6). He has further contended that respondent No.3 is residing with the petitioner No.1 ever since the date of marriage and out of the wedlock, a child was also born.
(3.) Learned counsel for respondent No.2-complainant, who is the brother of respondent No.3, states that the matter cannot be quashed and he wants to take it to its logical end.;