Making the observation, a division bench of justices Ajai Lamba and Dinesh Kumar Singh of the Lucknow bench quashed an FIR lodged by a man against his sister's husband and in-laws.
In the FIR lodged with the Tikunia police station in Lakhimpur on July 8 last year, the man alleged the accused kidnapped his sister, who was a minor according to her school transfer certificate.
Opposing the plea, the state lawyer submitted that since as per school transfer certificate, the girl was a minor hence the FIR could not be set aside.
Considering the girl's statement recorded under section 164 of CrPC in which she stated she went out of her own free will and that no one kidnapped her, the court quashed the FIR.
Passing the order, the court held that medical proof of age cannot be negated on the basis of school certificate unless the latter was based on the age mentioned in the hospital or municipal documents.
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