Sanjay vs State of Haryana

N.C. Khichi, J.—This petition u/s 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No. 307 of 1999 dated 10.4.1999 under Sections 363 and 366 IPC relating to Police Stations, City Rohtak and the subsequent proceedings arising therefrom.

Briefly stated, the facts of the case giving rise to the filing of this petition are that respondent No. 2, father of petitioner namely Teena lodged the present case in Police Station City Rohtak. Petitioner Mo. 1 was arrested by the police.

Petitioner No. 2 had fallen in love with petitioner No. 1 namely Sanjay. Age of Teena is 19years as perthe record of Municipal Committee, Annexure P.1. Petitioner No. 2 married with petitioner No.1 and both of them lived as wife and husband at Charkhi Dadri, District Bhiwani. The photographs of marriages are attached at An-nexure P.3. Petitioner No. 2 told her father, respondent No. 2 that she has solemnised her marriage with Sanjay and she wants to live as his wife in her matrimonial home. Respondent No. 2 Tika Ram told the police that he may be allowed to withdraw the allegations against petitioner No. 1 but the police is adamant to file the challan. It is alleged that petitioner No. 2 was a major at the time of her marriage and left her home on 6.4.1999 of her own free will and got married with Sanjay petitioner No. 1 on 7.4.1999. According to the petitioners no offence is made out and as such prayed for quashing of the FIR and subsequent proceedings arising therefrome.

Notice of motion was issued to both the respondents. Statement of Tika Ram respondent No. 2 was recorded in court. He deposed that petitioner No. 2 is his daughter and is aged about 19 years. She has married with Sanjay with her own sweet will and consent. He has no objection. He further stated that since it was a inter-caste marriage, his relations put pressure upon him which resulted in the registration of this case. He further stated that presently he is residing with both the petitioners at Hisar. Petitioners No. 1 and 2 also made their statement to the effect that they were major and have contracted marriage of their own sweet will and consent. According to Teena petitioner No. 2. her date of birth is 8.6.1980. Both of them prayed that FIR as well as consequent proceedings may be quashed.

I have heard learned the counsel for the parties and have perused the material brought on record.

It is fact proved on record that both the petitioners were major. They belonged to different communities. They solemnised their marriage of their own sweet will and consent. Respondent No. 2, the author of the FIR, has stated that he had no objection regarding this marriage and presently he is living with them. He reported the matter under pressure of the Biradri as it was an inter-caste marriage.

Since the petitioner No. 2 was a major on 7.4.99 and she has married with the petitioner No. 1 of her own sweet will and consent as such no useful purpose would be served to allow the proceedings to continue further. It is not in the interest of the society. So much so, respondent No. 2 who lodged the report is presently residing with the petitioners.

Thus, keeping in view all the facts and the circumstances of the case brought on record, this petition is allowed. The FIR as well as the consequent.

Proceedings arising thereof are quashed.

Petition allowed.