BHAGWAN SINGH Vs. STATE

JUDGEMENT

(1.) This is a writ petition filed by five persons for quashing of criminal case under Section 363/366/120-B/34 IPC registered against them on the complaint of respondent No.2 vide FIR No.642/2006 with Police Station Uttam Nagar, New Delhi.

(2.) The respondent No.2 is the father of the prosecutrix. He lodged a complaint with police of Police Station Uttam Nagar on 26.07.2006 and alleged kidnapping of the prosecutrix by the petitioners. The prosecutrix is present in court. The case of the petitioners and that of the prosecutrix is that the prosecutrix had married petitioner No.1 Bhagwan Singh of her own free will as per Hindu rites in Arya Samaj Vedic Marriage Mandal, Yamuna Bazar, Delhi on 15.07.2006. The prosecutrix was a muslim girl prior to her marriage with petitioner No.1. Before her marriage with petitioner No.1 she converted from Islam to Hinduism.

(3.) In response to notice of this writ petition, status report has been filed on behalf of respondent No.1 and the same has been perused by me. A perusal of the status report reveals that the Investigating Officer during investigation of the case has collected the proof of age of the prosecutrix and got it verified from her school `Sarvodaya Kanya Vidyalaya, Uttam Nagar' last attended by her according to which her date of birth is 04.03.1987 and the date of birth of the prosecutrix's younger sister is 27.02.1988. The Investigating Officer also collected the proof of age of the prosecutrix from Nagar Palika Arsad, Amroha, UP according to which her date of birth is 25.04.1989. The status report further reveals that the Investigating Officer has also verified the fact of marriage of the prosecutrix with petitioner No.1 and this has been found to be correct. The prosecutrix present in court says that she is carrying a three months' old pregnancy from petitioner No.1. She further says that she has married petitioner No.1 voluntarily and of her own free will without there being any pressure on her from anybody whomsoever.