IMPORTANT POINT
The court established that in the absence of reliable age documentation, ossification tests can be utilized to determine the age of individuals in cases involving alleged abduction or elopement, particularly under the Juvenile Justice Act.

JUDGMENT :

1. Heard Sri Raj Kamal, learned counsel for the petitioners, Sri Prem Chandra Dwivedi, learned counsel for the respondents and Sri Ratan Singh, learned AGA for the State-respondents.

2. The present writ petition has been preferred with the prayer to quash the impugned first information report dated 14.05.2024 registered as Case Crime No.118 of 2024, under Section-363, 366 I.P.C., Police Station-Araon, District-Firozabad, and for a direction to the respondents not to arrest the petitioners in pursuance of the impugned first information report.

3. Learned counsel for the petitioners submitted that petitioner nos.1 and 2 are major and out of their own free will, they got married on 15.05.2024, therefore, no offence is made out against the petitioners. Reliance has been placed by the petitioners on the judgement and order dated 05.12.2022 passed by this court in Criminal Misc. Writ Petition No. 17046 of 2022 (Smt. Juli Kumari and another vs. State of UP and 2 others).

4. In support of the above contention, petitioner nos.1 and 2 had filed joint affidavit in the present writ petition. Learned counsel for the petitioners further submitted that after getting married, they have also applied for online registration of their marriage, which has been annexed as annexure no.5 to the writ petition.

5. After hearing the aforesaid submission and on perusal of record on finding that there is no reliable evidence regarding the age of the petitioner no.1, this court directed by order dated 06.06.2024 to petitioner no.2 to produce the petitioner no.1 before the CJM, Firozabad with further direction that the CJM, Firozabad shall ensure the ossification test of petitioner no.1 for determination of her age and also directed the CJM, Firozabad to record the statement of petitioner no.1, u/s 164 Cr.P.C. in presence of Investigating Officer of the present case with further direction that after recording the statement of petitioner no.1, CJM, Firozabad will forward the copy of the same in a sealed cover along with the report of ossification test. Copy of the order dated 06.06.2024 passed by this court is being quoted as under:

"The petitioner does not appear to be educated and there is no proof of her age. The investigation so far has led the Police to a surreptitious certificate being issued by the In-charge Headmaster of Composite Vidyalaya Saifpur, District Firozabad who has certified the petitioner's date of birth to be 10.10.2007. The certificate does not inspire confidence. It is written on a plain paper by the In-Charge Headmaster/ Headmistress with a rubber stamp seal. It is not that a scholar's transfer register maintained in ordinary course of business issued by the said school, showing the victim's date of birth. The certificate too has been issued on 16.05.2024, that is to say, after the FIR was registered and appears to be a self-serving document. This shows that there is no better proof about the victim's age available with the 4th respondent as well; else it would have been provided to the Police.

In the circumstances, it is directed that the second petitioner, Rohit s/o Bhoore Singh, who claims to have married the victim on 15.05.2024 at the Arya Samaj Mandir, Tundla, Firozabad shall produce her before the Chief Judicial Magistrate, Firozabad on 10.06.2024 and the Chief Judicial Magistrate shall cause the victim to be produced in turn before the Chief Medical Officer, Firozabad, who will forthwith constitute a Medical Board comprising three doctors, one of whom will be an Orthopaedician. The Medical Board shall submit a report to this Court through the Chief Judicial Magistrate in a sealed cover based on a scientific test evaluating the victim's age. This course of action is necessary because no better evidence envisaged under Section 94 of the Juvenile Justice Act, 2015 is forthcoming.

It is further provided that when the victim appears before the Chief Judicial Magistrate on 10.06.2024, the Investigating Officer will also remain pr