IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.148 of 2009 REENA KUMARI @ REENA GAUTAM, wife of Kamlesh Kumar Gautam, Daughter of Sri Deo Nath Singh, resident of village- Uphrauli, P.S-Ramgarh, District- Kaimur (Bhabhua). . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The Superintendent of Police, Rohtas. 3. The Officer-in-charge, Kochas P.S. Rohtas. 4. Sir S.N. Tiwari, the Investigating officer of Kochas P.S. case no. 28 of 2006 P.S. Kochas, District- Rohtas. 5. Sri Deo Nath Singh, son of Sri Ramraj Singh, resident of village- Rajandih, P.O. Laheri, P.S-Kochas, District- Kaimur (Bhabhua). . . . . . Respondents. ----------- 5/ 22.07.2010 Heard learned counsel for the petitioner and the State as well as respondent no.5. In this application, the petitioner prays for quashing of the First Information Report bearing Kochas P.S. case no. 28 of 2006 dated 30.04.2006 registered under Section 366(A) of the Indian Penal Code. The petitioner, Reena Kumari @ Reena Kumari Gautam, is the daughter of the informant Deo Nath Singh. In the First Information Report, the informant alleged that Kamlesh Kumar Gautam abducted her minor daughter Reena Kumari Learned counsel for the petitioner submits that her husband Kamlesh Kumar Gautam, the accused of the present case, has filed anticipatory bail before this Court, in which both this petitioner as well as her husband appeared in person and this Court noticed that both are mature and are living happily. This Court also noticed that Reena Devi has also given birth to a baby girl, Nidhi Gautam, who is now about 9- 10 months. He further submits that the Hon’ble Apex Court in case of Lata Singh Vs. The State of Uttar Pradesh reported in 2006 (3) PLJR 2 SC 329 has observed that if a major girl or boy marry each other with their own free will, no offence under Section 366 A of the Indian Penal Code would be made out. The Hon’ble Supreme Court noticing the aforesaid aspect quashed the Sessions Trial arising out of First Information Report of 236 of 2000. Counsel for the State submits that charge-sheet has already been submitted in this case. It goes without saying that if a major girl is married of her own free volition then no offence under Section 366 A of the Indian Penal Code would be made out. In the instant case, charge sheet has already been submitted and prayer is for quashing the First Information Report. This court observes that if petitioner is aggrieved, she may pray for quashing of the charge-sheet. Let this order be sent to the Court of Chief Judicial Magistrate, Sasaram, Rohtas through FAX at the cost of the petitioner. Till the point of consideration of cognizance or charge- sheet is taken, no coercive steps would be taken either against the petitioner or her husband, Kamlesh Kumar Gautam in Kochas P.S. case no. 28 of 2006. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)