1. The instant petition seeks quashing of the first information report (for short FIR) dated 01.06.2018 registered as Case Crime No.182 of 2018, under Sections 363, 366 IPC, P.S. Nagina, District Bijnor.

2. The allegation in the impugned FIR, which has been lodged by the respondent no.3 (the informant), is that his minor daughter Anuradha (the victim), who is aged 17 years and is a student of M.M. Inter College Nagina, according to his information, has been enticed away by one Jai Prakash Gupta, a conductor in Roadways, and she is missing since 04.05.2018.

3. The victim and Danish (petitioner no.2) have jointly filed this petition by claiming that both of them are adult and they have voluntarily married each other and that no force or fraud has been used / played upon the victim, therefore no offence has been committed. To disclose that victim is an adult, her date of birth (i.e. 01.01.1999) entered in Adhar Card of the victim has been relied upon.

4. On 01.08.2018, after consideration of submissions, the following order was passed:-

"Heard learned counsel for the petitioners, Ms. Sajiya Parveen learned counsel for the respondent No. 3 and learned A.G.A. for the State-respondents.

This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 01.6.2018, lodged in Case Crime No. 182 of 2018, under Sections 363, 366 I.P.C., Police Station- Nagina, district Bijnor, so far it relates to the petitioners.

It is contended by learned counsel for the petitioners that the petitioner no.1- Nisha Naaz alias Anuradha is major as per her Adhar card, which was got prepared by her father, copy of which has been filed as annexure-4 and she had married the petitioner no.2 out of her own free will due to love and affection and as the respondent no.3 was not happy with the marriage, present criminal proceedings has been initiated against the petitioners.

Ms. Sajiya Parveen learned counsel for the respondent No.3 states that the petitioner No.1 is minor as per her educational documents.

It is directed that the victim-petitioner no.1 shall present herself before the Chief Medical Officer, concerned, for ossification test for verification of her age within ten days from today and Chief Medical Officer, concerned, shall send her medical report to this Court under sealed cover by the next date of listing.

Put up/list on 23rd August, 2018.

Till the next date of listing or till the submission of police report under Section 173(2) whichever is earlier, the petitioners shall not be arrested pursuant to the impugned FIR lodged in the aforesaid case crime."

5. The above interim order was continued from time to time and, in the meantime, the Chief Medical Officer, Bijnor submitted a report dated 04.10.2018, thereby expressing his opinion about the age of the victim as 20 years.

6. On 23.01.2019, after noticing that there exists a matriculation certificate (High School Certificate) of the victim disclosing her date of birth as 09.06.2001, which suggested that she is minor, we directed the petitioner no.2 to produce the petitioner no.1 before the Court.

7. The petitioner no.1, Nisha @ Anuradha (the victim), has been produced before us by Sri S. Shahnawaz Shah, learned counsel for the petitioners, in the presence of Miss Sajiya Parveen, counsel for the respondent no.3. The petitioner no.1 has stated before us that no force has been used upon her and she is voluntarily in the company of the petitioner no.2 (Danish Hussain - the accused).

8. The learned counsel for the petitioners has stated that the date of birth entered in the high school certificate is not reliable in view of the medical examination report of the Chief Medical Officer, Bijnor, which discloses the victim to be aged about 20 years therefore, in view of the statement of the victim, the first information report is liable to be quashed. Reliance has been placed on a decision of the apex court in Suhani Vs. State of U.P. : 2018 SCC OnLine SC 781 wherein report of All Indi