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561-A No.570/2016, OWP No.959/2016 Page 3 of 11

Being a minor the alleged consent for the marriage is irrelevant and unacceptable. The minor cannot have maturity and understanding about consequences. The minor daughter has been subjected to forcible and illegal kidnapping for the purposes of compelling her to marry with petitioner No.1 with the aid, help and abetment of other petitioners. The age proof through the document of date of birth is clearly made out. The offences against petitioners/accused are clearly established. They are not entitled to any protection under law and have no right to seek the invocation of inherent powers as the offences are not only against the respondent No.5 but also the society at large. Reference is made to the reported judgment of the Hon'ble High Court of Gujarat reported in criminal Law Journal 2016, page 4881. The excuse to the solemnization of the marriage under Muslim Personal Law is an illegal exercise and an affront to the law of the and as the minor is not capable of the discretion of entering into marriage. The assertion of the minor having the age of discretion is misconceived in light of the statutory provisions for the offence u/s 363/366 RPC. The provisions of Section 363 RPC clearly provide that the offence is complete if the minor is taken away or enticed away from the lawful custody without the consent of the guardian with such promise to marry etc. the alleged Nikahnama and affidavits are a nullity in the eyes of law and cannot be relied upon in mitigating the offences committed by the petitioners. They are not entitled to any protection/discretion to stop the investigation land the process of law against them. The provisions of Section 361 RPC are as under: