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WAHID versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Wahid v. State Of U.P. & Others - APPLICATION U/s 482 No. 10564 of 2006 [2006] RD-AH 16424 (19 September 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

 ( Court No. 48)

Criminal Misc. Application  No.  10564  of 2006

Wahid  son of Shabir R/o Mohalla Harpal Nagar,

Post and P.S. Galshaheed,

District Moradabad. ..........  ........ Applicant-Accused.

Vs.

1. State of U.P.

2. Pushpa wife of Ram Chandra......Opp.parties- Complainant.

*************

Hon'ble Barkat Ali Zaidi, J

1. By means of this application under Section 482 Cr.P.C. the applicant seeks to  quash the proceedings  of  Case No. 1020/9/2006 arising out of Case Crime No. 36 of 2006, under Sections 363,366 and 506 I.P.C. P.S. Galshaheed District Moradabad,  pending in the  court of A.C.J.M. Court No. 2, Moradabad.

2. Heard SriK.D. Tiwari, learned counsel for the applicant and the learned A.G.A. for the State.

3. Issue notice to the Opp.Party No. 2 for filing counter affidavit within 4 weeks. Learned A.G.A. is also granted time to file counter affidavit within the aforesaid period. Rejoinder affidavit, if any may be filed within a week thereafter. List immediately thereafter.

4. The complaint against the applicant was that  he eloped  with the daughter of the complainant and in the F.I.R. lodged, the age of the girl was  given as 15 years.  Subsequently, on the  recovery of the girl, the girl is said to have stated before the police that she had married with the applicant and they had been living as husband and wife and a Nikahnama has also been filed by the applicant.

5. What is important and relevant is that the medical examination of the girl, which was conducted under aegis of police shows that she is above 19 years of age. The Medical Examination was conducted by a Doctor at D. P.U. Combined  Hospital Moradabad on 16.2.2006 and  the copy of the report is on record.

6. The girl Rinki also filed a complaint  No. 1064 of 2006, that her parents and brothers came to her house on 12.5.2006 and threatened her and gave her beating while she was lawfully married with the applicant and was living with him. That her parents and brothers were unhappy with her because she had married the applicant.

7. Since she is major, she has a constitutional right to go where-ever she wants and to be where ever she wants to be.  Any restriction would amount to infringement to her constitutional rights. She  has selected a life partner and has married him on her own free will , about which she has filed an affidavit  in this Court also  and being a major, she has every right to do the same.  

8. If the parents of the girl or anyone threatens  her or interfere in her private life, the police must step in to ensure that no unlawful disturbance is caused  and the rights granted to her  by the Constitution  are not scuttled or stifled.

9. In consequence of, proceedings  in Case No. 1020/9/2006 arising out of Case Crime No. 36 of 2006, under Sections 363,366 and 506 I.P.C.  pending in the  court of A.C.J.M. Court No. 2, Moradabad shall remain stayed until further orders .

10. A copy of this order be sent by the office to the concerned Court post-haste for information through District and Sessions Judge, Moradabad.

Dt:      19th September, 2006

  n.u.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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