Mohd. Asif And Another vs State Of J&K And Others

Sanjay Dhar, J

The petitioners have challenged FIR No. 39/2019 dated 08.03.2019 for commission of offences under sections 363 and 109 RPC registered with Police Station, Mendhar, District Poonch.

As per the case of the petitioners, they are major and they have entered into wedlock out of their own will and volition. It is alleged that the complainant, who happens to be the father of the prosecutrix/petitioner No. 2 herein, has lodged the impugned FIR in a reckless manner without ascertaining the fact that the prosecutrix had entered into a wedlock with the accused/petitioner No. 1 out of her free will. As per the impugned FIR, respondent No. 4 lodged a report with the Police on 08.03.2019 alleging therein that his daughter/petitioner No. 2 has been kidnapped by petitioner No. 1 and his three associates. On the basis of these allegations, the impugned FIR came to be registered.

In the status report filed by the official respondents, they have reiterated the allegations made in the FIR and have stated that on 08.04.2019, the prosecutrix appeared in the Police Station, Mendhar and her statement under section 164 CrPC was recorded by the Judicial Magistrate 1st Class, Mendhar.

Today, copy of the statement recorded by the prosecutrix/petitioner No. 2 before the Judicial Magistrate, 1st Class, Mendhar has been produced and the same is taken on record. As per the said statement, the prosecutrix has stated that she had entered into wedlock with accused/petitioner No. 1 out of her own will and volition and she had to run away because her parents wanted her to get married to some other person. She has stated that when she came know about it, she called petitioner No. 1/accused and entered into wedlock with him. She has further stated that she wants to live with her husband/petitioner No. 1 and that she is capable of forming a rational opinion. She has also stated that her family members have lodged a false FIR against petitioner No. 1. The prosecutrix has recorded her age as 19 years. The petitioners have also placed on record a copy of the birth certificate of the prosecutrix that has been issued by the Headmaster, Government Middle School, Hill Kaka. As per the aforesaid birth certificate, the prosecutrix was born on 29.04.2000, meaning thereby on the date of the occurrence, she has attained the age of 18 years.

It is a settled law that if the allegations made in the FIR are not supported by the material collected by the Investigating Agency during the investigation of the case, the criminal proceedings against the accused are liable to be quashed.

In the instant case, the prosecutrix has clearly stated that she has, out of her own free will and volition entered into wedlock with the petitioner No. 1. There is also material on record to show that the prosecutrix was major at that time. Thus, it is not a case of kidnapping, but it is a case of runaway marriage.

For the forgoing discussion, it is clear that no offence of kidnapping is established against the petitioner No. 1 during the investigation of the case. Thus, it is a fit case where this Court should exercise its jurisdiction under section 482 Cr.P.C. to quash the criminal proceedings emanating from the impugned FIR. Accordingly, the instant petition is allowed and the impugned FIR and the proceedings emanating therefrom are quashed.

Disposed of.