IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1158 of 2007 SANJU KUMARI Versus THE STATE OF BIHAR & ORS ----------- 6 2.12.2008 Heard the learned counsel for the petitioner and the State. In the instant writ application the petitioner has prayed for quashing the F.I.R. dated 7.5.2007 of Goraul (Katahara ) P.S. Case No.92/07 under sections 363,366(A) and 379/34 of the I.P.C. lodged by one Mukesh Sah cousin of this petitioner. The informant alleged in the counter affidavit that one Chhotu Rai abducted this petitioner who is student of Class X th and aged about 14 years. The learned counsel for the petitioner states that she is major and even as per the medical report dated 26.7.2007 her age has been assessed as 18 – 18 ½ years. She stated that Chhotu Rai did not objected her rather she married him in Arya Samaj Mandir on her own. On these aforesaid grounds the learned ccounsel submits that no case under sections 363 and 366(A) of the I.P.C. would be made out against the accused persons. If a girl is major she has full right to move any where and to marry any person of her choice. The Hon’ble Apex Court in case of Lata Singh vrs. The State of Bihar, reported in 2006 (3) PLJR SC 329 has emphasized the aforesaid aspect and has held that if a major girl marries a person of her own choice no criminal act would be made out. On the 2 aforesaid premise the Apex Court quashed the sessions trial arising out of the concerned F.I. R. This Court in case of Manorma Devi vrs. The State of Bihar reported in 2008 P.L.J.R. (1) 821 quasheed the F.I.R. for the offence under section 366 of the I.P.C. as the Medical Board assessed the age of the girl above 18 years. Again this Court in a similar situation in a Cri.Misc. No.40192/06 quashed the F.I.R. of Saharsa P.S. Case No.43/06 dated 2.2.06 lodged under section 365/35 of I.P.C. in which it was alleged that the daughter of the petitioner, Pallavi Anand was minor and was kidnapped by the accused persons. This Court found that the age of the girl, Pallavi Anand was assessed to be over 20 years and in the statement under section 164 of Cr.P.C. she had stated that she married the accused on her own volition. In the instant case as per medical report dated 27.6.07, the petitioner’s age was assessed 18 – 18 ½ years she stated that she married Chhotu Rai on her own will. She refutes the allegation that Chhotu Rai abducted her. It has also been submitted that the petitioner has got a child from the wedlock. Having heard the learned counsel for the parties this Court observes that the petitioner may file representation before the Goroul ( Katahara) Police Station as well as S.P., Vaishali regarding claim of her being major and having married Chhotu Rai of her own free will. The investigating agency within three months thereafter will submit final report in the light of decision of Apex Court and this Court noticed above. 3 With the aforesaid observations and directions this writ application is disposed of. Anilksinha (Samarendra Pratap Singh,J.)