HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37463 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Anwar Hussain, learned counsel for applicants and learned A.G.A. for State. 2. The instant application has been preferred for quashing the charge-sheet dated 09.10.2024 along with cognizance/summoning order dated 19.05.2025 and the entire proceedings of Criminal Case No.645 of 2025 (State vs. Taufiq and Others) under section 9 of Prohibition of Child Marriage Act, 2006, arising out of Case Crime No.217 of 2024, P.S. Dilari, District- Moradabad, pending in the court of learned Judicial Magistrate, Thakurdwara, Moradabad. 3. Factual matrix of the matter which has been submitted by learned counsel for applicant that initially it is the daughter of applicant, who is informant in the instant case being Case Crime No.217 of 2024, which has been registered at P.S. Dilari, District- Moradabad in pursuance to sections 498A, 354, 323, 504, 506, 120B IPC along with sections 3/4 Dowry Prohibition Act, 1961, but during the course of investigation, it has been transpired and considered by concerned Investigating Officer that at the time of marriage, informant was not attaining the age of majority and as such applicants being father and real uncles of the informant, have also been implicated in this case by way of preferring charge-sheet against them (applicants) in pursuance to section 9 of Prohibition of Child Marriage Act, 2006, whereupon cognizance of offence has been taken up by learned court of learned Judicial Magistrate, Thakurdwara, Moradabad on dated 19.05.2025. 4. Learned counsel for applicants submitted that as per the age proof which Versus Counsel for Applicant(s) : Anwar Hussain Counsel for Opposite Party(s) : G.A. Taufiq And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) has been medically examined, which has been preferred at the behest of informant, it was determined by concerned medical report that applicant was 17 years on the date of incident, but at the same time it is submitted by learned counsel for applicant that section 9 of Prohibition of Child Marriage Act, 2006 deals only in pursuance to male person, who is intending to be marry with a child and there is hardly any allegation against the applicants with regard to above section, since the informant is the daughter of applicant no.2 and applicant nos.1 and 3 are the real uncles of the informant. 5. 5. Per contra, learned A.G.A. although oppose the prayer as made in the application, but so far as in respect of section 9 of Prohibition of Child Marriage Act, 2006 (hereinafter referred to as "the Act of 2006") is concerned, he could not dispute the submission made by learned counsel for applicant. 6. For ready reference, the above section 9 of the Act of 2006 is quoted herein below:- "9. Punishment for male adult marrying a child Whoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both." 7. By bare perusal of the words available in section 9 of the Act of 2006, it is crystal clear that applicants being father and real uncles, cannot be implicated under section 9 of the Act of 2006 and as such cognizance of offence taken up by learned court concerned on dated 19.05.2025, through which applications were summoned is liable to be quashed. 8. In view of aforementioned facts and circumstances, order dated 19.05.2025 is hereby set-aside only in respect of applicants herein, who have been implicated under section 9 of the Act of 2006. However, it is made clear that learned court concerned will be at liberty to take fresh cognizance of offence under the relevant sections, if required, after due examination of records appended along with case diary against the applicants. 9. The instant application stands allowed accordingly. September 25, 2025 Saif NA528 No. 37463 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad