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Orissa High Court · body

2016 DIGILAW 259 (ORI)

NIYAZUDDIN KHAN v. STATE OF ODISHA

2016-03-31

B.RATH, V.PRASAD

body2016
JUDGMENT : 1. Ume Kulsun has been produced before us by her father who is also present along with her. Learned Additional Government produced before us the copy of the statement under Section 164, Cr.P.C. recorded by SDJM, Talcher in G.R. Case No. 1068 of 2015. According to the statement, Ume Kulsun was having affair with Manoj Gochhayat and on her own volition she has married with Manoj. We do not want to mention further details of her statement under Section 164, Cr.P.C. 2. Ume Kulsun is a student of +3 1st Year (Arts) of Pabitra Mohan College, Rengali. Before the Magistrate, she has stated her age to be 19 years. When questioned in the Court, she has stated that she is 19 years. 3. Be that as it may, she is major even according to Muslim Law. On being questioned in open Court, Ume Kulsun states that she does not want to stay with Manoj Gochhayat any more. In cases like the present which is of infatuation, where two persons belonging two different religions falls in love, It creates a very difficult situation for the other person to get wriggle out of the law, when one of them changes the real facts. It is very easy for the women folk to level allegation of abduction and kidnapping in such matters. 4. From perusal of the statement under Section 164, Cr.P.C. we are confident, no abduction or kidnapping ever has taken place and Ume Kulsun has left the house of her father on her own volition. Since we are not dealing with criminal matter, we do not say anything further. Ume Kulsun has expressed her desire to go with her father and therefore she may go with her father. But, we restrain the police for not taking any coercive action against Manoj Gochhayat henceforth. We also direct that if any case/F.I.R. has been lodged against Manoj Gochhayat, he shall not be arrested and the police will do well to conclude the investigation and submit its report. 5. This writ petition is disposed of with the aforesaid observation. 6. Free copy of this order be given to the learned Additional Government Advocate for compliance. Final Result : Disposed Of