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1993 DIGILAW 10 (ORI)

BABY SITA KUMAR AGARWAL v. OFFICER-IN-CHARGE POLITE STATION, PURIGHAT

1993-01-14

B.L.HANSARIA, S.K.MOHANTY

body1993
S. K. MOHANTY, J. ( 1 ) WE would start from the very first submission of Sri Acharya who submits that love knows no barrier. This is indeed so. In a broader sense entire humanity is one and every human being has to love every other human being. The petitioner who is before us, asserts that she fell in love with one Akshay Kumar Muduli and voluntarily married him when her age was around. 20 and since then she has been living with Akshay Kumar as wife and husband and the affidavit filed yesterday states that she is carrying. ( 2 ) A criminal prosecution has however, been instituted against Sri Akshay Kumar Muduli by the father of the petitioner under section 366 I. P. C. alleging kidnapping, one of whose requirement is that the female must have been under 18 years. The petitioner is admittedly a female and her case is that she was 20 at the relevant point of time. Whether this is so, we have not felt inclined to examine having known that the petitioner is since living happily with Akshay and nothing can be more satisfying for parents to find her daughter leading a happy married life. Sri Lal apprehends that this may be a momentary affair and a time may come where the complaint (father of the petitioners daughter is ill-treated and tortured. We dont think that such an occasion would over come. But if such an incident would at all arise, it would be open to the complainant (father of the petitioner) to approach this Court in this proceeding itself. Seeking appropriate orders. With this observation the Purighat P. S. Case No. 11/92, corresponding to G. R. Case No. 363 of 1992 stands quashed. Petition allowed.