IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-28054 of 2009 Date of Decision: September 22, 2011 Rajendra Shaklani .....PETITIONER(S) VERSUS State of Haryana & others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - None for the petitioner. Mr. B.S. Saini, Senior Deputy Advocate General, Haryana. None for respondent No.2. . . . AJAI LAMBA, J (Oral) 1. This petition filed under Section 482 Cr.P.C. prays for quashing FIR No.99 dated 9.7.2009 under Sections 363, 366-A IPC, Police Station, Rampura, District Rewari (Annexure P-1). 2. It has been pleaded that petitioner and respondent No.2 had attained the age of majority. Respondent No.2 gave her consent to get married to the petitioner. Marriage between petitioner Crl. Misc. No. M-28054 of 2009 [2] and respondent No.2 was solemnised on 6.7.2009. No offence can be said to have been committed in view of medical report indicating age of respondent No.2 as more than 19 years. 3. Reply has been filed on behalf of the respondent- State. It has been said that as per investigation, respondent No.2 had not attained the age of majority. Date of birth of the said respondent is 18.9.1992. Respondent No.2 gave her statement before the Judicial Magistrate on 21.1.2009 under Section 164 Cr.P.C., according to which, she has alleged rape by the petitioner. In such circumstances, even provisions of Section 376 IPC have been added. 4. There are disputed questions of facts in regard to age and also as to whether respondent No.2 has been raped by the petitioner. Finding on such facts cannot be recorded while taking affidavit and counter affidavit on record. 5. The petition is dismissed. The petitioner, however, would be at liberty to take all the pleas taken in this petition, during the course of trial. (AJAI LAMBA) September 22, 2011 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?