VISHNU KUMAR Vs. STATE

JUDGEMENT

(1.) This is petition for quashing FIR No.211/2009 lodged by Respondent No.2 Smt. Nirmal Devi at Police Station Karawal Nagar under Section 363 of IPC. It was alleged in the FIR that the daughter of the complainant, born on 23rd May, 1992, was missing since 21st August, 2009. The FIR was lodged on 28th August, 2009. In the FIR, Respondent No.2 suspected that her daughter had been induced and taken away by Petitioner No.1 Vishnu Kumar. The petition has been filed jointly by Vishnu and Smt. Sonia, the daughter of the complainant, whose kidnapping was alleged in the FIR.

(2.) Petitioner No.2 was examined before the Magistrate under Section 164 of Cr.P.C. on 08th September, 2009. In her statement to the Magistrate, she stated that in the night of 20th August, 2009, she left the house of her parents, hired an auto-rickshaw and went to Anand Vihar, ISBT from where she boarded a bus for Aligarh. On reaching Aligarh, she rang up petitioner No.1 from her mobile and asked him to come to Aligarh to take her. Vishnu, however, advised her to go back home. According to the prosecutrix, she refused to go back home and started weeping, whereupon petitioner No.1 reached Aligarh in the vehicle of a friend. He offered to drop her back to her house, but she refused. Thereupon, the petitioner took her to Meerut and next day, she was brought to Noida. On reaching Noida, the petitioner No.1 again offered to drop her at her residence, but she again refused and insisted on marrying him. Thereafter, both of them got married at Arya Samaj Mandir on 27th August, 2009. She also claimed that the marriage was also solemnized at Tis Hazari Courts.

(3.) The FIR was registered under Section 363 of IPC on a complaint made by the mother of Sonia. 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 17 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.