MADAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Sec. 482 Crimial P.C. preferred by four petitioners seeking quashment of FIR against them bearing No.147 dated 21.05.2014 under Sections 366, 367, 120-B Penal Code read with Sec. 4 of the Children Act, 2006 with Police Station Chheharta District Amritsar.

(2.) Heard Sh. N.P. Bhardwaj, Advocate for the petitioner, Sh. J.S. Brar, AAG, Punjab and none for the respondent No.2 and perused the record of the case.

(3.) It has been brought to the notice of the Court that petitioner No.4-Saurav and one Pragya a girl as is submitted by Mr. J.S. Brar, AAG, Punjab, aged around 16 years 10 months developed liking for each other and underwent marriage with each other against the wishes of girl's parents regarding which they had sought protection of life and liberty from this Court by way of filing CRM No.2057 of 2008 (Annexure P2) which stood allowed vide orders dated 13th June, 2014. As a consequence, the marriage stood consummated. The husband has sought quashment of this FIR (Annexure P1) against him and his close relations consisting of his father and others. Though, even on behalf of the petitioner the counsel admits that girl at the time of the marriage was a minor and under the Guardians and Wards Act, 1890 though the parents are the legitimate legal guardian and since, it is a marriage which is voidable in terms of Sec. 5 of the Hindu Marriage Act, 1955 but since the couple has chosen their life partner against the wishes of their parents and are carrying on this relationship living together, this Court can take the cognizance of the fact even in terms of Sec. 25 of the Guardians and Wards Act, 1890 as the welfare of the ward is of paramount importance. Since, petitioner No.4 being the husband certainly enjoys by virtue of that relationship in terms of Sections 19 and 21 of the Guardians and Wards Act read with Sections 6, 10 and 13 of the Hindu Minority and Guardianship Act, 1956 right to hold as the natural guardian of the minor Hindu girl who is married to him which as per the statute is the girl's husband and, thus, reading these provisions conjointly with Sec. 2 of Hindu Minority and Guardianship Act to further the welfare of minor to ensure that her husband who by now has attained majority can be the guardian of his minor wife and in whose presence there can be no better claimant to this. Moreover, looking it from another angle it is the admitted stand of the couple that the minor girl went with the petitioner-husband voluntarily and there is no element of taking away or enticing a minor within the meaning out of lawful guardianship which is an essential constituent for the offence of kidnapping and there is no element of inducement qua these allegations against the petitioners. From conduct of the minor girl is reflective of the fact that she has abandoned the guardianship of her parents voluntarily.