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Judgment
Sri Dharmendra Misra, learned counsel has entered appearance on behalf of the respondent no.3 who is the complainant and has filed counter affidavit stating that in fact no marriage has been performed.
Heard learned counsel for the parties.
The respondent complainant has lodged a case Crime No.4 of 2012 under Sections 363, 366 IPC at P.S. Shikarpur District Bulandshahr for the alleged abduction of the petitioner no.1 by the petitioner no.2 and other family members. Both petitioner nos. 1 and 2 are present in Court and have been identified by both the counsels at the Bar. It is stated in the writ petition that the petitioner no.1 is major and her date of birth as entered in the High School certificate is 12th of July 1986, while the date of birth of petitioner no.2 is 20th January 1989 as entered in the High School certificate. Thus, both are major and this fact has not been disputed.
It is alleged in the writ petition that the petitioner nos. 1 and 2 have performed their marriage and the marriage certificate is annexed. It is also stated by the petitioner no.1 that she left her parental house out of her own volition and is living with petitioner no.2 as husband and wife and the entire allegation in the FIR is false.
However, it is contended on behalf of the respondent that no marriage took place and in any event the marriage has not been registered, though it was required to be done in view of the judgment of the Apex Court in the case of Smt. Seema Vs. Ashwani Kumar, . Both petitioner nos. 1 and 2 have stated that they will get their marriage registered and the petitioner no.2 states that to secure the interest of petitioner no.1, he will deposit Rs.50,000/- (Fifty thousand) exclusively in her name.
In view of the aforesaid, the petitioner nos. 1 and 2 may get their marriage registered and file their marriage registration certificate by the next date. The petitioner no.2 shall also take out fixed deposit worth Rs.50,000/-(Fifty thousand) in a nationalized bank/post office for a period of not less than three years in the exclusive name of the petitioner No.1 Smt. Meenakshi alias Jooli and produce a copy of the fixed deposit receipt by the next date.
List on 7th of February 2012.
Till the next date of listing, the petitioners shall not be arrested in case Crime No. 4 of 2012 under Sections 363, 366 IPC P.S. Shikarpur District Bulandshahr.