Criminal Misc. No. M-20727 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-20727 of 2010 Date of decision:- 05.7.2011 Arshida and another ...Petitioners Versus State of Haryana and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Roopak Bansal, Advocate for the petitioners. Mr. Kshitij Sharma, AAG Haryana. RITU BAHRI J. This petition under Section 482 Cr.P.C. has been filed for issuing direction to respondent Nos.1 to 3 to ensure the safety of life and liberty of the petitioners so that the parents of the petitioners do not interfere in their married life. The petitioners contend that they are major. Petitioner No.1 is about 20 years of age and petitioner No.2 is about 25 years of age. Petitioner No.1 is an illiterate and does not have any school certificate regarding her age proof. Affidavit of petitioners in support of date of birth is Annexure P-1 and ration card of petitioner No.2 with regard to her age proof is Annexure P-2. On 14.7.2010 the petitioners left their homes and get married on 15.7.2010 against the wishes of their parents. The marriage was solemnized in the presence of friends and witnesses by Qazi Hafiz Mohd. Abbas at Kheri as per Muslim rites and ceremonies. The marriage certificate is Annexure P-3. An FIR has been lodged by respondent No.4 against petitioner No.2 and one Mubeena wife of Bhoru and Criminal Misc. No. M-20727 of 2010 -2- against Bhoru son of Saimal. On 21.7.2010 an interim direction was given that the petitioners will not be forcibly taken into custody by any of the respondent on the allegation of kidnapping or abduction. In the reply filed by respondent Nos.1 to 3 the investigation of the FIR was conducted by Shri Kishori Lal Sub Inspector, Police Post Jhirka. During the course of investigation, statements of witnesses were recorded. The document pertaining to age proof of Arshida have been collected. The birth record of Arshida was located in the office of Additional Registrar-cum-Civil Surgeon, Faridabad, who has given certificate that Arshida was not born in 1991, 1992 and 1993 meaning thereby that she is not eighteen, nineteen and twenty years old. She was minor at the time of her kidnapping/abduction. The Head Master, Govt. Primary School, Sirohi was joined in the investigation and he produced school record of Arshida daughter of Nawab Mian, resident of Sirohi. As per school certificate (Annexure R-1), her date of birth is 15.11.1998. Hence, petitioner No.1 is minor. Another aspect, which has been brought in the investigation is that the elder daughter of Nawab Khan namely Mubina was married in Rupdaka. She performed her second marriage with Bhuru son of Sahya Mal resident of Anchwari Police Station Punhana, District Mewat-Nuh. She wanted to get Arshida married with Sabbir son of her elder brother-in-law. In this background Arshida ran away with Sabbir and got married. The allegation in the complaint is that accused Sabbir has married her minor daughter in connivance with Mubina. I have heard counsel for the parties and have gone through the case file carefully. After going through the facts of the case, it transpires that the petitioner Arshida is minor and as per the allegation in the complaint, she ran away and got married with Sabbir, who is relative to her sister. No doubt, as per the investigation Arshida is found to be a minor as per her school certificate Criminal Misc. No. M-20727 of 2010 -3- Annexure R-1. The marriage is void under the provisions of Prohibition of Child Marriage Act, 2006. Without commenting anything on the validity of the marriage, this criminal miscellaneous petition is being disposed of by giving directions that the petitioners will not be harassed by their parents and family members. However, respondents are at liberty to take appropriate action in the FIR, which has been registered by them, as per law. 05.7.2011 ( RITU BAHRI ) Vijay Asija JUDGE