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2007 DIGILAW 147 (ALL)

RISHI PAL v. STATE OF U P

2007-01-17

BARKAT ALI ZAIDI

body2007
BARKAT ALI ZAIDI, J. These proceedings under Section 482 Cr. P. C. arise out of a case of elopement. The father of Smt. Reena lodged a First Information Report under Sections 363 and 366 I. P. C. against the respondents, on basis whereof, the proceedings were initiated. Besides the applicant No. 1, his brothers, wives of the two brothers and father of the applicant No. 1 are also arrayed as an accused. 2. Wife of applicant No. 1 is the daughter of the complainant. 3. When the matter came up before Division Bench in a Criminal Writ, following order was passed by the Division Bench : "supplementary affidavit filed, be taken on record. Heard learned Counsel for the petitioners, learned A. G. A. and perused the record. It is contended by the learned Counsel for the petitioners that the victim Reena is major and she willingly entered into marital tie with Shiv Nath and at the time of marriage Smt. Sunit, the elder sister of the abovenamed Reena was also present as is evidently clear from photographs appended as Annexure -2 to the writ petition. Considering the facts and circumstances of th case, issue notice to respondent No. 3 to file counter- affidavit within four weeks. The same time is granted to the Investigating Officer for the purpose. The case shall appear on list on 17th July, 2006. The investigation into the case Crime No. 64 of 2006, under Sections 363 and 366 I. P. C. P. S. Mohammadabad, District Farrukhabad shall go on but the Investigating officer shall not effect the arrest of the petitioners till tine date fixed provided they cooperate with the investigation. Sd/- R. C. Deepak, J. Sd/- M. K. Mittal, J. 28-4-2006. " 4. Subsequent thereto, the police investigated the matter and submitted a charge-sheet under Sections 363 and 366 I. P. C. against all the accused. 5. The accused have again come to this Court seeking decimation of the charge-sheet. 6. Heard S. K. Pandey, learned Counsel for the applicants and Sri R. D. Yadav, learned A. G. A. for the State. 7. There seems no good reason for the present for this Court to interfere in the proceedings at this stage. A charge-sheet has been filed and the case has to proceed. There is no good ground available for quashing of the charge-sheet. 7. There seems no good reason for the present for this Court to interfere in the proceedings at this stage. A charge-sheet has been filed and the case has to proceed. There is no good ground available for quashing of the charge-sheet. The contention of the Counsel was that since the girl is a major, no offence can be made out as she was married the applicant No. 1 on her own free will. There is no evidence on record that the girl is a major. There is neither any school certificate showing her age nor is there any medical examination report before us. 8. It is, therefore, not possible to this Court to say whether the girl is a minor or major, on which, will hinge the decision of the case. Even if she is major it has to be ascertained whether she has gone of her own free will, we have no evidence about the same here and these and similar matters will have to be considered and decided by the trial Court. 9. The trial Court can and should short circuit the procedure by asking for evidence about the age of the girl and asking the girl whether she has married the applicant No. 1 willingly and wants to remain with him. The matter should be dealt with by the trial Court expeditiously and no date of more than a week should be given so that the married life of the couple is not dislocated and disturbed. 10. The father of the girl who is the complainant seems so peeved that he has impleaded his elder daughter also as an accused. That is what also led him to implead the whole family as indicated above. 11. The surprising park-however, is that the Investigating Officer seemed equally peeved like the father and has filed charge-sheet against the whole family. 12. The Trial Judge should look into this aspect also if application for discharge is given, it should be given due consideration because dragging of whole family into the arena of the accused and subjecting them to a grueling criminal trial is wholly unfair and inequitable. 13. The accused shall be released on personal bonds by the Courts below, pending trial. The Magistrate shall commit the case in accordance with Law without any delay. 14. With this observation, this application is disposed of finally. Application disposed of. .