A major girl is capable of making her own decisions regarding marriage, and no offense under Sections 363 and 366 IPC is made out if she marries out of her own free will.

Headnote:
QUASHING OF FIR - SECTION 363, 366 IPC - MAJOR GIRL MARRIED OUT OF FREE WILL - NO OFFENCE MADE OUT
Fact of the Case:

The petitioners, a 21-year-old girl and her 26-year-old husband, sought to quash an FIR alleging offenses under Sections 363 and 366 IPC, claiming that the girl was a major and had married out of her own free will.
Finding of the Court:

The court directed the girl to appear before the Chief Judicial Magistrate for recording her statement under Section 164 Cr.P.C. and restrained the respondents from arresting the petitioners for two months.
Issues: Whether the girl was a minor and whether the marriage was against her will.
Ratio Decidendi: The court held that the girl's age, as per her birth certificate, indicated that she was a major and capable of making her own decisions regarding marriage.
Final Decision: The court quashed the FIR and directed the Investigating Officer to proceed in accordance with law after recording the girl's statement.

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 20293 of 2022

Petitioner :- Kanchan And Another

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Dharm Jeet Singh,Hari Bans Singh

Counsel for Respondent :- G.A.

Hon'ble Vivek Kumar Birla,J.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the petitioners, learned A.G.A. for the State and

perused the record.

This writ petition has been filed Seeking quashing of the first information

report dated 29.11.2022 in Case Crime no.0151 of 2022, under Section

363, 366 IPC, P.S. Chitwaragaon, District-Ballia.

The contention of the learned counsel for the petitioners is that as per birth

certificate age of the girl-petitioner no.1 is 21 years and the petitioner no-2

is 26 years and both are major and have married with each other out of

their own free will, as such no offence under Section 363 and 366 I.P.C. is

made out.

Be that as it may, the writ petition is disposed off with a direction to the

petitioner no.1-Kanchan, daughter of Dalanram to appear before the Chief

Judicial Magistrate concerned for recording her statement under Section

164 of Cr.P.C., on or before 16.01.2022. In the event, petitioner no.1

appears before the Chief Judicial Magistrate concerned within the

stipulated period, the Chief Judicial Magistrate concerned shall record her

statement under Section 164 Cr.P.C. in further two weeks and thereafter

the Investigating Officer shall proceed in accordance with law.

For a period of two months, the respondents are restrained to arrest the

petitioners pursuant to first information report dated 29.11.2022.

Order Date :- 2.1.2023

Nitendra

Digitally signed by :-

NITENDRA TIWARI

High Court of Judicature at Allahabad