IKHLAS MAHOMAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) These three petitions are being taken up together as being interconnected with each other.

(2.) In CRM-M-32531-2020, the prayer made is for grant of anticipatory bail to the petitioner, in CRM-M-28408-2020, the prayer made is for quashing of the FIR No. 187 dtd. 30/8/2020 and in CRWP-7850-2020, the prayer made is for issuance of a writ in the nature of habeas corpus seeking directions to respondent Nos.2 and 3 to produce the detenue, namely, Sabana.

(3.) The facts of the case which have come up from the pleadings and from the submissions of the learned counsel for the parties are that it is a case put up by the petitioner that he got married to a girl namely Sabana, who was below 18 years of age and according to him, the marriage was solemnized as per the Muslim law and since the age of puberty under the Muslim law was 15 years, thus, according to the learned counsel for the petitioner the marriage was a perfectly legal marriage. The father of the petitioner filed an FIR No.187 dtd. 30/8/2020, under Sec. 363 and 366-A of the Indian Penal Code, at Police Station Pratap Nagar, District Yamuna Nagar (Haryana), by alleging that the aforesaid girl was his daughter whose age is about 17 years and on 30/8/2020, at about 3:00 am in the morning, the girl was not found in her room so the family members started searching for her but she could not be found. It was stated in the FIR itself that they have an apprehension that the petitioner, namely, Iklash resident of Mamliwala, Police Station Partap Nagar, District Yamuna Nagar, has enticed away his daughter on the pretext of marrying her and therefore, stern action should be taken against him.