Learned counsel for the petitioners submitted that the prosecutrix/petitioner no. 1 and petitioner no. 2 are major aged about 20 years and 22 years respectively as per high school certificate. There was love affair between the petitioner no. 1 and 2 and they both have performed marriage on 26.06.2019 in Arya Samaj Mandir Prayag, Allahabad, copy of which has been annexed as Annexure-4 to the writ petition. It is further submitted that the petitioner has approached this court earlier by filing Writ C No.21272 of 2019 in which interim protection was given to them by learned single Judge of this Court vide order dated 04.02.2019. He next argued that the petitioner no. 1 had voluntarily left her parental home and entered into matrimonial alliance with petitioner no. 2 and that she was major, it cannot be said that any cognizable offence against the petitioners is made out, hence the impugned FIR is liable to be quashed. Learned counsel for the petitioners further submits that as the petitioner nos. 1 and 2 are major and they have voluntarily married, then to conceive in view of the judgment of Apex Court rendered in Criminal Appeal No. 1142 of 2013 (Sachin Pawar vs. State of U.P) decided on 02.08.2013), that, offence has been committed under Section 366 I.P.C., cannot be approved of.
