IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1107 of 2007 SHOBHA KUMARI Versus THE STATE OF BIHAR & ANR ----------- 3 18.12.2008 Heard the learned counsel for the parties. In the instant writ application the petitioner prays for quashing the F.I.R. of Nautan P.S. Case No.90/07 dated 1.5.2007 under sections 363 and 366 (A) of the I.P.C. The petitioner is the daughter of the informant, Raja Ram Prasad who alleges that the accused persons, namely, Om Prakash Ram, by making inducement has abducted his minor daughter aged 15 years. The petitioner states that she is a major and she had married with the aforesaid Om Prakash Ram. She states that the C.J.M., has assessed her age as 17 years on 4.4.2007. She also states that Om Prakash Ram is also major. Learned counsel for the State submits that as per the F.I.R. she was said to be a minor. It is well settled that the girl who is major is free to marry any one of her choice who is also major. If a major girl marriages a major boy on her free will then in absence of other materials, no case of abduction or forceful marriage will be made out. The aforesaid aspect has been explained in details in the case of Lata Singh vrs. The State of U.P.; reported in 2006 (3)PLJR (SC) 329. In the facts of the case the petitioner should make a representation before either the I.O. or the S.P., West Champaran, 2 with proof of her being major and of having married.The investigating agency will give hearing and will conclude the investigation in the light of the decision made by apex Court. This writ application is disposed of with the aforesaid observations and directions. Anilksinha (Samarendra Pratap Singh,J.)