LAWS(DLH)-2010-3-265

ANURAG KUMAR GANGWAR ALIAS DEEPU Vs. STATE

Decided On March 26, 2010
ANURAG KUMAR GANGWAR @ DEEPU Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution for quashing FIR No. 292/2009 registered at Police Station Vijay Vihar under Section 363 of IPC and for directing Respondents No. 1 and 2 to release Respondent No.3, who is the wife of the petitioner.

(2.) The FIR in this case was lodged by Shri Rakesh Kumar, father of Respondent No.3, who alleged that his daughter had left the house on 17th June, 2009 for some work and had not returned. He suspected that Anurag Kumar had kidnapped his daughter.

(3.) Respondent No.3 as well as her parents are present in the Court. On the request of the complainant, who is the father of Respondent No.3, he was given opportunity to talk to respondent No.3. Thereafter, I have recorded the statement of Respondent No.3 as well as of the complainant. According to Respondent No.3, she left the house of her parents on 10 th June, 2009 of her own without any pressure, inducement, influence, promise or representation from the petitioner Anurag Kumar. According to her, the petitioner never asked her to leave the house of her parents and join him. She states that at the time she left the house of her parents, the petitioner was working in Muradabad and she of her own, reached Muradabad and after getting down from the bus at Muradabad bus stand, she informed the petitioner on telephone and asked him to come to the bus stand. She further states that she married the petitioner of her own on 12th June, 2009 in Shiv Mandir, Maula Garh, Muradabad and also got the marriage registered with Registrar of Hindu Marriages, Chandosi, Muradabad on 26th June, 2009. She states that she does not want to go with her parents and wants to go only with the petitioner, who is her husband and who is present in the Court alongwith his father. The complainant, who is the father of Respondent No.3 states that he has talked to his daughter, who has declined to go with him and, therefore, he does not want to maintain any connection with her or her husband Anurag Kumar. He, however, has no objection if FIR No. 292/2009 lodged by him at Police Station Vijay Vihar under Section 363 and the proceedings arising therefrom are quashed.