By The Court—Case called out. 2. Neither Sri Sunil Kumar Singh, learned Counsel for the respondent No.4 is present nor there is any request for passing over or adjournment of the case. 3. Heard learned Counsel for the petitioner and learned AGA and perused the records. 4. Under challenge in this writ petition is First Information Report relating to Case Crime No.612 of 2010, under Sections 363/366 IPC of police station Colonelganj, District Gonda, as contained in Annexure No. 1 to the writ petition. 5. Submission of learned counsel for the petitioners is that the petitioner No. 1 and complainant’s daughter Sufia Bano alias Chunni (now Aneeta Arya), being major, had got married on 25.11.2010 against the wishes of respondent No.4, who is the father of Sufia Bano alias Chunniýÿ and since then, they are living as husband and wife. On coming to know that his daughter has got married with petitioner No.1, respondent No.4 has become annoyed and lodged the impugned FIR against the petitioners. 6. In order to establish that Sufia Bano alias Chunni is major, petitioners have brought on record the copy of the Transfer Certificate as well as voter identity Card issued by the Election Commission of India, wherein it has been shown that date of birth is eighteen years. They have also annexed a copy of the Marriage Certificate as Annexure No. 5 to the writ petition. 7. Learned Counsel for the petitioners submits that in view of the law laid down by the Hon’ble Apex Court in case of Lata Singh v. State of U.P. [ (2006) 5 SCC 475 ], a major girl is free to live with and marry any person with whom she likes. Since Sufia Bano alias Chunni was major at all relevant times and had already married with petitioner No.1 against the wishes of her parents, the police, at the instance of her parents, is allegedly unnecessarily harassing the petitioners and causing interference in their married life, therefore, impugned FIR deserves to be quashed. 8. In relevant portion of paragraphs no. 10, 11 and 12 of Lata Singh’s case (supra), the Hon’ble Apex Courtýÿ held as under :- “10....There is no dispute that the petitioner is a major and was at all relevant times a major. Hence she is free to marry anyone she likes or live with anyone she likes.
8. In relevant portion of paragraphs no. 10, 11 and 12 of Lata Singh’s case (supra), the Hon’ble Apex Courtýÿ held as under :- “10....There is no dispute that the petitioner is a major and was at all relevant times a major. Hence she is free to marry anyone she likes or live with anyone she likes. There is no bar to an inter-case marriage under the Hindu Marriage Act or any other law. Hence, we cannot see what offence was committed by the petitioner, her husband or her husband’s relatives. 11. We are of the opinion that no offence was committed by any of the accused and the whole criminal case in question is an abuse of the process of the Court as well as of the administrative machinery at the instance of the petitioner’s brothers who were only furious because the petitioenr married outside her caste..... 12.... In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter- religious marriage. We, therefore, direct that the administration/ police authorities throughout the country will see to it that if any body or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law....” 9.
Considering the peculiar facts and circumstances of the case, particularly the fact that the petitioners are major and in view of the law laid down by the Apex Court in Lata Singh (supra) that major girl is free to live and marry any person with whom she likes, we quash impugned F.I.R. dated 8.10.2010 lodged by the respondent No.4 at Case Crime No. 612 of 2010, under Section 363/366 IPC of police station Colonelganj, District Gonda, as contained in Annexure No.1. The Investigating Officer is directed to drop the investigation. 10. The writ petition is allowed in above terms. _____________