MAHENDRA KIRAR Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. by the petitioner for quashing the FIR and entire proceeding in pursuant to Crime No. 103/18 registered at Police Station Sanchi District Raisen for the offence under Sections 363, 366, 376, 376(2) (n) and Section 3, 4, 51 and 6 of POCSO.

(2.) According to case, on 07.07.2018, complainant Komal Singh Kirar has lodged the missing complaint of her minor daughter (respondent No.2) saying that her daughter is missing since 27.06.2018 and he expressed his suspicious over the petitioner. Thereafter, the police has registered the FIR for the offence under Section 363 of IPC and inquire the matter. Thereafter, the petitioner and prosecutrix appeared before the police on 26.09.2019 and the prosecutrix stated that due to pressure of family for performing the marriage, she moved away from the house with the petitioner. She further stated that after attaining majority, she had performed marriage with the petitioner and having a child aged about 7 months. The statement of prosecutrix under Section 164 of Cr.P.C. has also been recorded by the learned JMFC, Raisen. The police has added the aforesaid Sections and filed the charge sheet before the concerning Court.

(3.) Learned counsel for the petitioner submits that looking to the statement of the prosecutrix and other witnesses, no offence is made out against the petitioner. Both the petitioner and respondent have attained the majority and solemnized the marriage, moreover, they have been blessed with one male child. They are living happily and have no grievances to each other. The prosecutrix has specifically stated before the police as well as learned JMFC that she is in love with the petitioner and on her own will, she performed marriage with him. He further argued that the actual date of birth of the prosecutrix is 18.07.2000 but in the school record same has been written as 14.07.2001. In support of his contention, he has drawn attention of this Court towards birth certificate of the prosecutrix annexed in the case. He further submits that since the petitioner and prosecutrix are major and living happily married life, therefore, no purpose would be served to keep continue the trial because it would amount to harassment or failure of justice. In support of his contention, he has relied the pronouncement of the Hon'ble Apex Court as well as the High Court of Bombey and Delhi, same are mentioned herein under:-