AMAR PAL YADAV Vs. STATE

JUDGEMENT

(1.) Statement of Pooja, daughter of complainant/respondent No.2 Rajwati recorded. According to her, she had left the house of her parents of her own without any kind of promise, inducement or persuasion from petitioner No.1 Amar Pal Yadav. She has further stated that she married him of her own on 22 nd August 2009 without any persuasion, threat, pressure or coercion from him. She also says that Amar Pal Yadav did not play any role in her leaving the house of her parents and joining him for marriage with him.

(2.) In her statement, the complainant/respondent No.2 Rajwati has stated that she has accepted the marriage of Pooja with petitioner No.1 and has no objection if FIR No. 181/2009 lodged by her at Police Station Harsh Vihar, under Sections 363/368/34 of IPC is quashed. Her only request is that her daughter and son-in-law must keep on visiting her and must keep maintain cordial relations with her family.

(3.) The FIR was registered under Section 363 of IPC on a complaint made by the mother of Pooja. In order to constitute offence punishable under Section 363 of IPC, there has to be taking or enticing of a minor from the lawful guardianship of her parents/guardian. If the minor, of her own, abandons the guardianship of her parents and joins a boy, without any role having been played by the boy in her abandoning the guardianship of her parents and without her having been subjected to any kind of pressure, inducement, etc. and without any offer or promise from the accused, no offence punishable under Section 363 of IPC will be made out when the girl is aged more than 16 years and is mature enough to understand what she is doing. Of course, if the accused lays a foundation by inducement, allurement etc. and that influences the minor or weighs with her in leaving her guardian's custody and keeping and going with the accused then it is difficult to accept that the minor had voluntarily come to the accused.