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High CourtsDivision Bench(1999) 07 AHC CK 0200

Smt. Shakeela Begum and Others vs Senior Superintendent of Police and Others

Allahabad High Court · Decided on 19 July 1999 · Citation: (1999) 3 ACR 2753

HON’BLE JUDGES
K.D. Shahi, J · J.C. Gupta, J
CASE NUMBER
Criminal M.W.P. No. 2486 of 1999

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Judgment

5 paragraphs · 378 words

J.C. Gupta and K.D. Shahi, JJ.—Heard learned Counsel for the Petitioner and the learned A.G.A.

2.

Since counter-affidavit has already been filed on behalf of the State we propose to dispose of this petition finally.

3.

According to the averments made in the petition, Smt. Shakeela Begum, Petitioner No. 1 has married the Petitioner No, 2 according to Muslim rites and ceremonies with her free will and at the time of marriage she was a major. After the parties had married, Respondent No. 3 solely with a view to harass the Petitioners filed a mala fide F.I.R. at the police station that Petitioner No. 2 has abducted the said girl from her guardianship. Under the direction of this Court, the girl was produced before the C.J.M., Moradabad who recorded her statement u/s 164, Code of Criminal Procedure, whose copy has been sent to this Court and also got her medically examined. Medical report has also been sent by the C.J.M. to this Court.

4.

From the perusal of the medical report and other material placed on record there can be no doubt that Petitioner No. 1 is aged about 21 years and at the time of marriage she was a major. From her statement recorded u/s 164, Code of Criminal Procedure, it is also borne out that she had gone in the company of Petitioner No. 2 with her free will and both of them had married together and are happily living with each other. It has rightly been pointed out by the Petitioner�s counsel that in these circumstances no offence either of kidnapping or abduction is made out and the F.I.R. has been lodged mala fidely by the mother of the girl as she was opposed to her marriage with Petitioner No. 2. After considering the facts and circumstances of the case we are of the view that it would be a sheer wastage of public time and money if the Petitioners are forced to face futile prosecution. Accordingly the F.I.R. of Case Crime No. 131 of 1999 u/s 366, I.P.C. at Police Station Kotwali, Moradabad, is liable to be quashed.

5.

Writ petition is accordingly allowed and the F.I.R. of Case Crime No. 131 of 1999 u/s 366, I.P.C, Police Station Kotwali, district Moradabad, is quashed.