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Sonu and Another vs State of Uttarakhand and Another

Uttarakhand High Court · Decided on 2 December 2010 · Citation: (2010) 12 UK CK 0006

HON’BLE JUDGES
Nirmal Yadav, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 363, 366
CASE NUMBER
Criminal Miscellaneous Application No. 1001 of 2010
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Judgment

6 paragraphs · 434 words

Nirmal Yadav, J.—Heard learned Counsel for the parties.

2.

This application has been moved u/s 482 of the Code of Criminal Procedure, 1973 by the applicants for quashing of the chargesheet in pursuance of F.I.R. bearing No. 68 of 2007 in criminal case No. 329 of 2010 State v. Sonu alias Kala and others under Sections 363 & 366 of the I.P.C., P.S. Jhabrera, Haridwar vide order dated 15.05.2008.

3.

In the petition, it is pleaded that both the applicants fell in love since long and they got married to each other according to Hindu Rites on 25.07.2007 at Arya Samaj Mandir, Saharanpur, a certificate in this regard has been issued by the Secretary of Arya Samaj Mandir, (contained in Annexure-2 to the application). Both the applicants are major. Voter identity card of applicant No. 1 has been placed as Annexure-4 to the writ petition, which shows that he was 19 years of age in the year 2006 whereas Smt. Seema d/o Suresh, in the voter list of alleged Lathar Dev Shekh finds place at Sl. No. 178 and her age has been shown as 18 years on 1st January 2005. In view of the above, it appears that the applicants were major at the time of their marriage.

4.

Learned Counsel for the applicants stated that even the medical certificate issued by the Chief Medical Officer Haridwar is in favour of the applicants as in the radiological examination the age of the applicant No. 2-Seema had been shown to be 19 years as on 08.08.2007.

5.

Both the applicants appeared before this Court on 22.10.2010 and categorically stated that they got married to each other out of their own freewill at Arya Samaj Mandir, Saharanpur. Since then they are living as husband and wife.

6.

In view of the above discussion and keeping in view the fact that both the applicants are major and they, got married as per their own freewill no offence punishable under Sections 363 & 366 IPC is made out. It appears that Case No. 329 of 2010, under Sections 363 & 366 IPC, State v. Sonu alias Kala and others pending before the Civil Judge (Jr. Division)/J.M. Roorkee is just an abuse of process of law. Accordingly, proceedings in pursuance of F.I.R. bearing No. 68 of 2007 in criminal case No. 329 of 2010 State v. Sonu alias Kala and others under Sections 363 & 366 of the I.P.C., P.S. Jhabrera, Haridwar pending before the Civil Judge (Jr. Division)/J.M. Roorkee are hereby ordered to be quashed. The application u/s 482 Code of Criminal Procedure is disposed of accordingly.