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Judgment
Prafulla C. Pant, J.—Heard.
By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the Petitioners have sought quashing of the proceedings of Criminal Case No. 219 of 2006, relating to offences punishable u/s 363 and 366 I.P.C. Police Station Roorkee, District Hardwar, pending in the court of Judicial Magistrate, Roorkee.
Learned Counsel for the Petitioners submitted that Meghraj (Respondent No. 2), brother of Petitioner No. 1 Balesh, lodged a First Information Report on 06.07.2006, that his sister (Balesh) has been kidnapped and abducted by Petitioner No. 1 Sanoj, and two others. Crime No. 219 of 2006, was registered relating to offences punishable u/s 363 and 366 I.P.C. After investigation, charge sheet appears to have been filed against the Petitioner No. 1 Sanoj.
It is pleaded before this Court by Petitionerno.1 Sanoj, and Petitioner No. 2 Balesh that they were major in the year 2006, and the two got 3 married to each other against the wishes of their family members. Not only this, after marriage they have two children. It is further submitted that Petitioner No. 1 Sanoj, and Petitioner No. 2 Balesh are living happy married life. It is contended that it is abuse of process of law to make the Petitioner No. 1 to face the trial in the above circumstances relating to offences punishable 363 and 366 I.P.C. Both Petitioner No. 1 Sanoj, and Petitioner No. 2 Balesh are present in court with their children, identified by their counsel. Smt Balesh (Petitioner No. 2) told before this Court that she was major in the year 2006, and got married to Petitioner No. 1 Sanoj on her own volition. She further stated that the two children have born out of the wedlock. Perusal of Annexure-2 to the petition shows that in the voters list on 2006, Balesh (Petitioner No. 2), daughter of Dalal Singh is shown as twenty years old female voter.
In the above circumstances, having considered submissions of learned Counsel for the Petitioners, and learned Counsel for the state, in 4 view of principle of law laid down in Lata Singh Vs. State of U.P. and Another, , the impugned criminal proceedings are liable to be quashed.
Therefore, the petition u/s 482 of Code of Criminal Procedure. is allowed. The proceedings of Criminal Case No. 219 of 2006, relating to offences punishable u/s 363 and 366 I.P.C. Police Station Manglaur, District Hardwar, pending in the court of Judicial Magistrate, Roorkee, are hereby quashed.