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ALLAHABAD HIGH COURT
, J
Shaheen Parveen – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. initial facts surrounding the fir and petitioner's marriage. (Para 1 , 2 , 3 , 4) |
| 2. victim's statement establishing consent in relation to age. (Para 12 , 13) |
| 3. legal reasoning regarding lack of coercion and applicability of ipc. (Para 16 , 24 , 30) |
| 4. conclusion endorsing the quashing of the fir as just. (Para 31 , 32) |
1. Shaheen Parveen and Mohd. Sarfaraj have approached this Court to seek a writ in the nature of CERTIORARI to quash First Information Report bearing Case Crime No. - 121 of 2014 under S.363/366 of the Indian Penal Code , Police Station Madiyawan, District Lucknow (Annexure - 1).
2. Case set up by the petitioners is that the petitioners having attained marriageable age got married. Marriage, however, is not being accepted by respondent No.4 who happens to be the mother of petitioner No.1. Under the circumstances, aggrieved by the fact that the petitioner No.1 got married of her own accord, impugned criminal proceedings have been initiated.
3. Short counter affidavit on behalf of the Prosecuting Agency has been filed today alongwith medical examination report of the victim / prosecutrix and also the statement of prosecutrix recorded under S.164 Cr.P.C
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