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2023 Supreme(All) 1150

VIVEK KUMAR BIRLA, SURENDRA SINGH-I
Malti Devi – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Udayveer Singh.
For the Respondent: G.A., Anil Kumar.

JUDGMENT :

Surendra Singh-I, J.

Heard Sri Udayveer Singh, learned counsel for the petitioners, Sri Anil Kumar, learned counsel for the informant and Sri Rajesh Kumar Sacchan, learned State Law Officer appearing for the State-respondents.

2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 04.05.2023 registered as Case Crime No. 214 of 2023, under Section 366 I.P.C., P.S.-Rath, District-Hamirpur, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

3. Submission of learned counsel for the petitioners is that as per Junior High School Marksheet, the date of birth of petitioner no. 1, Smt. Malti Devi is 10.07.2001 and as per the Aadhar card and PAN Card, the date of birth of petitioner no. 2, Rajkumar is 01.01.1992 and as such, the petitioners no. 1 and 2 are major and they have married on their sweet will, therefore, no offence has been committed. By drawing attention to Annexure-4 to the petition, it is submitted that online application for registration of marriage has also been submitted. The present petition is also supported by a joint affidavit of the p

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