Smt. Sarika Devi And Another vs State Of U.P. And 2 Others
2015 Latest Caselaw 1066 ALL

Citation : 2015 Latest Caselaw 1066 ALL
Judgement Date : 8 July, 2015

Allahabad High Court

Smt. Sarika Devi And Another vs State Of U.P. And 2 Others on 8 July, 2015

Bench: Sudhir Agarwal, Brijesh Kumar Srivastava-Ii




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 16197 of 2015
 

 
Petitioner :- Smt. Sarika Devi And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- S.D. Dwivedi,Navin Singh
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Sudhir Agarwal,J.

Hon'ble Brijesh Kumar Srivastava-II,J.

1. Heard learned counsel for the petitioner and perused the record.

2. By means of present writ petition, petitioners are seeking quashing of the first information report dated 6.4.2014, registered as Case Crime No. 364 of 2014 under Sections 363, 366, 506 I.P.C., Police Station Sikandarabad, District Buland Shahr.

3. The age of girl mentioned in FIR is 15 years i.e. minor. No evidence has been brought on record showing that the girl is not minor but major. We, therefore, do not find any justification to interfere with the impugned first information report.

4. However, petitioners shall be at liberty to approach the Magistrate concerned and place before him evidence about the fact that girl is major and has gone with petitioner no.2 and married voluntarily. In case such an application is made by petitioners, the Magistrate shall pass appropriate order in accordance with law after being satisfied with the age of girl and other relevant factors.

5. With the aforesaid observations, the writ petition is dismissed.

Order Date :- 8.7.2015

Ashish Pd.