Bhola Yadav vs State of U.P. and Another

Barkat Ali Zaidi, J.—The applicant in these proceedings u/s 482, Cr. P.C., who married Durgawati against the wishes of the bride parents is being prosecuted under Sections 363 and 366, I.P.C. He has come to this Court for redress.

Heard Sri Rakesh Pande, advocate for the applicant and Sri R. K. Maurya, Additional Government advocate for the State.

The facts reveal that before marriage, the applicant and his wife were examined on 25.2.2006 by C.M.O. Faizabad about their age and according to the examination, the age of the boy was found 21 years and that of girl about 18 years. Copies of the certificates (Annexures-2 and 3) are on record. Thereafter, they got themselves married on 22.11.2006 in Arya Samaj Krishna Nagar, Prayag according the Hindu Rites and the certificate of marriage (Annexure-4) has been filed and their marriage has also been registered under the provisions of the Hindu Marriage Act at Allahabad and a copy of the marriage certificate, signed by the Registrar of Hindu Marriage, Allahabad is on the record (Annexure-5).

They are, therefore, legally wedded couple and proceedings under Sections 363 and 366, I.P.C. against them are, therefore, wholly unwarranted and need to be quashed.

The petition is allowed and the proceedings against the applicant pending on the basis of a Charge-sheet No. 162 of 2006, in Case No. 48 of 2006 under Sections 363 and 366, I.P.C., P. S. Khalilabad, district Sant Kabir Nagar, presently pending in the Court of Chief Judicial Magistrate, Basti are quashed. The police will ensure that no unlawful disturbance is caused in their married life.