Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 20319 of

2022

Petitioner :- Smt. Mamta And 2 Others

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Punya Sheel Pandey

Counsel for Respondent :- G.A.

Hon'ble Vivek Kumar Birla,J.

Hon'ble Saurabh Srivastava,J.

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

the State and perused the record.

This writ petition has been filed praying to quash the first

information report dated 13.12.2022 in Case Crime No.364 of

2022, under Sections 366 IPC and Section 3(2)(v) of SC/ST

Act, P.S. Gopiganj, District Bhadohi and not to arrest the

petitioners pursuant to the said FIR.

The contention of the learned counsel for the petitioners is that

as per the first information report, age of the girl is 19 years and

as per Aadhar Card, the date of birth of the petitioner no.2 is

01.01.2001. Both the petitioners are major and they have

performed their marriage in Arya Samaj out of their own free

will, as such no offence under Section 366 IPC and Section 3(2)

(v) of SC/ST Act is made out.

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

direction to the petitioner no.1-Smt Mamta to