IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1082 of 2009 S.KAUFATHULLAH @ KHALIFATULLAH Versus STATE OF BIHAR ----------- 3 17.09.2010. Heard learned counsel for the parties. Petitioner has come to this court for quashing F.I.R. of Mohiuddin Nagar Police Station Case No. 74 of 2009 lodged for offence under sections 366A/34 I.P.C. and to restrain the respondents from proceeding any further with the investigation of the said case. Petitioner submits that he is major and while studying in Tamil Nadu, he married informant’s daughter at her own sweet will for which her father lodged the instant FIR. Another case had also been lodged in Tamil Nadu for this occurrence, in which police has already submitted final report in his favour. He further submits that ingredients of sections 366A/34 I.P.C. are not attracted towards him as the girl has already been declared major in the Medical report and she in her statement before the Magistrate has stated that she married him at own sweet will. Moreover, she in the educational loan has referred him as her husband. Learned counsel refers to judgment of the Apex court rendered in case of Lata Singh Vs.State of Uttar Pradesh, reported in 2006(5) SCC 475 in which it has been held that a person who is major can marry a person at his/her own free will irrespective of cast, religion etc in a democratic country. In view of the facts and circumstances of the case, the 2 instant writ petition is disposed of with direction to the police to conclude the investigation by hearing the parites and submit its report in accordance with law in view of aforesaid pronouncement of the Apex court. It will be open to the petitioner to produce all the relevant documents or certificates before the I.O. of the case No coercive steps would be taken against him in this regard for six weeks. Shashi. ( Samarendra Pratap Singh, J.)