SANJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No. 307 of 1999 dated 10.4.1999 under Sections 363 and 366 IPC relating to Police Stations, City Rohtak and the subsequent proceedings arising therefrom. Briefly stated, the facts of the case giving rise to the filing of this petition are that respondent No. 2, father of petitioner namely Teena lodged the present case in Police Station City Rohtak. Petitioner No. 1 was arrested by the police.

(2.) PETITIONER No. 2 had fallen in love with petitioner No. 1 namely Sanjay. Age of Teena is 19 years as per the record of Municipal Committee, Annexure P.1. Petitioner No. 2 married with petitioner No. 1 and both of them lived as wife and husband at Charkhi Dadri, District Bhiwani. The photographs of marriages are attached at Annexure P.3. Petitioner No. 2 told her father, respondent No. 2 that she has solemnised her marriage with Sanjay and she wants to live as his wife in her matrimonial home. Respondent No. 2 Tika Ram told the police that he may be allowed to withdraw the allegations against petitioner No. 1 but the police is adamant to file the challan. It is alleged that petitioner No. 2 was a major at the time of her marriage and left her home on 6.4.1999 of her own free will and got married with Sanjay petitioner No. 1 on 7.4.1999. According to the petitioners no offence is made out and as such prayed for quashing of the FIR and subsequent proceedings arising there from.

(3.) I have heard learned the counsel for the parties and have perused the material brought on record.