By the Court.—Heard Sri Sunil Kumar, Advocate holding brief of Sri Manoj Vashisth appearing for the petitioners, learned A.G.A. for the respondent Nos. 1, 2 and 3 and Sri Mohit Kumar, Advocate appearing for the respondent No. 4.

2. This writ petition under Article-226 has come up with a prayer of issuance of a writ of certiorari for quashing First Information Report (hereinafter referred to as the F.I.R.) dated 1.7.2015 registered as Case Crime No. 241 of 2015, under Sections 363, 366, 506 I.P.C., P.S.Dilari, District-Moradabad copy whereof has been filed as Annexure 1 to the writ petition.

3. The allegations contained in F.I.R. are that Km. Gulista, a minor girl of 16 years was enticed and kidnapped by Saddam S/o Munajir, Village-Lalapur Pipal Sana, P.S.-Thakur Dwara, District-Moradabad on 26th May, 2015 whereagainst informant’s husband Akram lodged F.I.R. dated 30th May, 2015 (Case Crime No. 191 of 2015) under Sections-363, 366 IPC at P.S.-Dilari, District-Moradabad. The police recovered the girl. Her statement under Section-164 Cr.P.C. was recorded before the Magistrate. After medical examination and also on the basis of her statement, she was given in custody of her father Sri Akram (husband of the informant). On 30th June, 2015 when informant’s husband had gone to Kashipur to meet some relatives, in the night, around 10:00 p.m., Saddam alongwith 03 accompanies i.e. Ashraf, Irfan and Abrar entered the house of informant carrying “Tamancha” and extended threat to life of the informant. The girl was again taken away by them. The informant is apprehensive of murder of her daughter.

4. This writ petition has been filed assailing the aforesaid F.I.R. apparently by accused as well as on behalf of the girl Gulista Jahan, alleging that the girl is major being 19 years of age and has married petitioner No. 1 vide “Nikahnama”/marriage certificate dated 26.5.2015 at Masjid Inayat Ullah, Islam Colony, Mehrauli, New Delhi and thereafter they are free to live their own life without any intervention by respondents and no crime under Section 363 IPC etc. has either been committed or made out. In support of age of the girl, a copy of voter identity card issued by Election Commission of India, bearing No. YNB 1890086 has been placed on record. It is said that the year of birth is shown as 1996, meaning thereby presently the girl is above 19 years of age. Another document placed on record is a photocopy of a medical certificate dated 10.6.2015, in which the age of the girl has been estimated as 19 years.

5. The informant, i.e. mother of girl, is impleaded as respondent No. 4 and she has put in appearance through Sri Mohit Kumar, Advocate. A short counter-affidavit sworn by husband of the informant i.e. Sri Akram has been filed. It is stated therein that voter identity card alleged to be that of petitioner No. 2 is a forged and fabricated document. The girl i.e. petitioner No. 2 is minor and about 16 years of age. Her date of birth is 2.3.1999. In support thereof, High School (Class-X) Result Verification for Year 2014, issued by the Board of High School and Intermediate Education, Uttar Pradesh, Allahabad as well as High School Examination Entry Pass has been filed, showing date of birth of the girl as 2.3.1999. The girl having failed in the High School has been struck off from the role of school i.e. Bharat Singh Memorial Inter College, Adalpur, Moradabad and in transfer certificate dated 25.5.2015, (placed on record at page-15) the date of birth of girl i.e. petitioner No. 2 has been mentioned as 2.3.1999. It is also said that pursuant to F.I.R. dated 30.5.2015 (Case Crime No. 191 of 2015) the girl was recovered and produced before Magistrate i.e. Additional Chief Judicial Magistrate-Vth, Moradabad. The application for custody of girl submitted by her father was considered by Court and an order was passed on 12th June, 2015 in which question of age of girl was considered. The Court recorded a finding that she is minor having date o