WPCRL No. 148 of 2010 With Stay App. 1125 / 10 Hon. Prafulla C. Pant, J. Mr. G.C. Lakhchaura, Advocate for the petitioners. Mr. B.S. Parihar, Brief Holder for respondents No. 1 & 2 Heard learned counsel for the petitioners and learned Brief Holder for respondents No. 1 and 2. By means of this petition, moved under Article 226 of the Constitution of India, the petitioners have sought quashing of the FIR No. 645 of 2009 dated 13.12.2009, lodged by respondent No. 3, relating to offence punishable under Section 364 of I.P.C against the petitioners, at police station Kashipur, District Udham Singh Nagar. Learned counsel for the petitioners submitted that though the girl was minor, but she got married to co-accused Imran Chaudhary. It is pleaded that under Mohammedan Law after the girl attains puberty, she can contract a valid marriage, as such, no offence can be said to have been committed by the accused. It is pertinent to mention here that earlier Tabbassum Jahan (minor victim) and co-accused Imran Chaudhary filed Writ Petition (Criminal) No. 1104 of 2009, for protection, which was dismissed by this Court vide its order dated 18.12.2009. Learned counsel for the petitioners submitted that against said order the couple moved to Supreme court, and filed Criminal Misc. Petition No. 604 of 2010, in which the Apex court granted the interim order directing that Tabbassum Jahan and Imran Chaudhary shall not be arrested in connection with FIR No. 645 of 2009. This Court is at loss to appreciate the argument advanced on behalf of the petitioners that they have any right to kidnap / abduct the minor girl in the manner stated in the FIR. The petitioners cannot plead that on the basis that under Mohammedan Law Tabbassum Jahan (minor) could marry to Imran Chaudhary, their (petitioners) conduct is lawful, that too without the consent of the guardian (complainant is father of the minor girl). For the reasons as discussed above, this Court is not inclined to interfere with the investigation and quash the first information report challenged by the present petitioners. The writ petition is dismissed summarily. (Stay Application No. 1125 of 2010 also stands dismissed). (Prafulla C. Pant, J.) 04.03.2010 HN