VIKRAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Vikram Singh has filed this Criminal Misc. Application with the prayer that entire proceedings of Criminal Case No. 3672 of 2005, under Sections 363, 366 I. P. C. registered at police station Sadar Bazar, District Saharanpur (arising out of case crime No. 237 of 2005) be quashed. The ancillary prayer is for stay for further proceedings of the aforesaid case pendente lite.

(2.) PRECEDING facts, which has given rise to this application are that Vikram Singh applicant No. 1 and Smt. Neha Verma alias Rinki, respondent No. 3 the two youths who are in lover with each other. Both of them wanted to tie the neupital knot, which was not acceptable to the parents specially that of respondent No. 3 Neha Verma. However, the two lovers were determined to marry each other and consequently, Neha Verma @ Rinki, respondent No. 3 appeared before Chief Medical Officer Saharanpur for getting her age determined for the purposes of marriage. On the basis of ossification test, her age was determined to be 19 years and in that respect a certificate of age was issued by Chief Medical Officer, Saharanpur on 5-5-2005 annexure No. 1. After determination of the age Neha Verma @ Rinki married with applicant No. 1 Vikram Singh on 6-5-2005. After the marriage, spouses started living in Dehradun and there they got their marriage registered on 16-5-2005 before Registrar Hindu Marriage, Dehradun. Copy of the said marriage certificate issued by Registrar Marriage, Dehradun, Uttranchal has been appended as annexure No. 2. On the following day of the marriage that is 6-5- 2005, Premwati Devi wife of R. L. Verma, who is the mother of the Neha Verma @ Rinki lodged an intimation regarding elopement of Neha Verma @ Rinki at police station Sadar, District Saharanpur at 7. 20 p. m. which has been appended as annexure No. 3. During interrogation, Smt. Premwati, respondent No. 2 had informed the Investigating Officer that applicant No. 1 Vikram Singh has enticed away her daughter Neha Verma @ Rinki and on the basis of her statement the report elopement was converted into offence on 2-7-2005 at 8. 15 p. m. and registered as First Information Report as Crime No. 237 of 2005 under Sections 363, 366 I. P. C. at P. S. Sadar Bazar, District Saharanpur mentioning the date of the incident as 5-6-2005 at 9. 00 a. m. (Annexure No. 4 ). The said F. I. R. indicated that the allegation of enticing away Neha Verma @ Rinki was levelled by the informant in the said F. I. R.

(3.) LEARNED Counsel for the applicants contended that Neha Verma is aged about 20 years as has been mentioned by her in her affidavit filed alongwith this Criminal Miscellaneous Application and her age as is mentioned in her affidavit in this application has not been controverted in the counter-affidavit filed by her father. LEARNED Counsel for the applicants further submitted that Since Neha Verma was in love with Vikram Singh applicant No. 1 and was a major, therefore, both of them got married on 5-6-2005 and they are living happily in Dehradun. He submitted that in view of the averments made by Smt. Neha Verma herself, no offence is made out against the two applicants and the charge-sheet and the entire proceeding pending in the Court below deserves to be quashed. Sri Manoj Vashisth contended that the marriage was solemnized on 6-5-2005 and since then both the bride and bridegroom they are living as husband and wife in Dehradun and therefore, the neupital knot should not be allowed to be broken by the respondent No. 2 and her husband to destroy their lives more so when both of have become parents of a child. LEARNED Counsel for the applicants contended that according to the medical report Neha Verma was aged about 19 years and on the peculiar facts of this case the said age should be accepted to be the correct age. He contended that the two applicants Vikram and his father Tej Pal have not committed any offence and therefore, prosecution against them deserves to be quashed.