KIRAN @ SHAILESH S/O CHOTU PAWAR Vs. STATE OF MAHARASHTRA THROUGH POLICE INSPECTOR, PIMPALNER POLICE STATION, TQ SAKRI, DIST DHULE

JUDGEMENT

(1.) By this criminal application under Section 482 of Criminal Procedure Code, the petitioners are seeking quashment of the first information report vide C. R. No. 36/2017 dated 11.5.2017 registered with Pimpalner Police Station, Tq. Sakri, Dist. Dhule. The respondent No. 2 is the resident of Virkhel Tq. Sakri, Dist. Dhule. The victim is his minor daughter. Respondent No. 2 lodged report stating that he resides with his daughter and two sons and wife. Victim had taken education upto 8th standard. Since last 3 years prior to the F. I. R. she was not attending the school. He was doing labour work in the agricultural fields. Informant and his wife had taken the shegoats for grazing and returned around 6 PM. After having dinner around 8 PM informant, his wife, son Dileep and the victim were sleeping in the courtyard. When he woke up at about 1 AM on 11.5.2017 for answering nature's call, he found that his daughter was not on her cot. He looked for her. When she could not be found, he woke up his wife and son and then to the elder son and daughterinlaw. All of them searched for the girl, but, she was not found. They had searched her for the next day and came to know that two boys and one girl went on a motor cycle, after filling the petrol from petrol pump at Tahrabad. Therefore, they checked CCTV footage and saw that the daughter had gone alongwith the present applicants. It was stated that the present applicants had taken away the daughter under some pretext. On the basis of the said report offences came to be registered vide C. R. No. 36/2017 for the offences under Sections 363, 366 read with Section 34 of Indian Penal Code.

(2.) The applicants have contended that the applicant no. 1 and victim were in love with each other. Applicant No. 1 was aged 22 and the victim was 17 years and 10 months old. They have performed marriage on 18.7.2017 when victim was 19 years of age at Omkar Mangal Karyalaya, Alandi Devachi, Tq. Khed, Dist. Pune. Before reading of the complaint, we make it clear that victim was about to complete her 18 years of age and she had gone alongwith applicants on her own wish and will. The step was taken by them due to the love affair and since now the marriage has been performed, they have prayed for quashing of the F. I. R.

(3.) Notice was tried to be served on the respondent No. 2. However, he has refused to accept the notice and therefore, it will have to be said that it was served on him.