KAMLESH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition has been filed seeking quashing of first information report in case crime No. 155 of 2001, under Sections 363/366 I.P.C. police station Zarif Nagar, district Budaun. A report was lodged by Vinay Kumar, respondent No. 4 complaining that on his sister Km. Kamlesh, aged 15 years had been to the school, to prosecute her study, but did not return home. He made a search during which two persons, namely, Natthu and Ram Mohan informed him that they had seen her going with Dinesh, petitioner No. 2 towards Dharmapur. When her whereabouts could not be traced, he lodged report for taking appropriate legal action against petitioner No. 2. On the basis of the aforesaid report the police registered a case sprang into action. Petitioner No. 2 in order to avoid arrest, has filed the present writ petition arraying Km. Kamlesh as a co-petitioner.

(2.) The case of petitioner No. 2 is that Km. Kamlesh was major being aged 19 years and both were intensely lovelorn which drove them to marriage. They got their marriage registered before the Registrar of Marriages, Ghaziabad on 20-8-2001. The fact that Km. Kamlesh was major by the time she left her parental home, is certified by the Chief Medical Superintendent, Rampur. In view of such fact it is urged that Km. Kamlesh having entered into marriage tie with him on her freewill, no offence under Sections 363/366, I.P.C. can be said to have been made out against him and, therefore, aforementioned first information report should be quashed in exercise of extraordinary jurisdiction under Article 226 of the Constitution.

(3.) The informant, respondent No. 4 has filed his return traversing the allegations made in the writ petition. He has asserted that at the time of incident, Km. Kamlesh his sister, was minor being aged 15 years and this gains support from the school living certificate, Annexure CA-1. The plea taken by petitioner No. 2 that Km. Kamlesh was 19 years of age is untrue and the medical certificate filed in support thereof has been procured for the purpose of this case.