SYED ABDUL SATTAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Section 482 Cr. P.C. has been filed by the petitioners for quashing of F.I.R No. 60 dated 21-1-1998 under Section 366 IPC registered in Police Station City Bhiwani.

(2.) The FIR sought to be quashed was registered on the complaint of Smt. Phoola wife of late Ratan Singh resident of village Badani, District Rohtak. Haryana. In the year 1990 Gulshan alias Darshna was married to one Suphash according to Hindu rites and rituals. From that wedlock Gulshan alias Darshan gave birth to a female child namely Prinka on 29-7-1991. On 3-7-1996 Subhash husband of Gulshan alias Darshna died. It is alleged that after the death of her husband she was subjected to constant physical and mental torture and servitude by her brother-in-law. In the year 1997 she came in contact with Sayed Abdul Sattar through common friends. She developed relations with him as a measure of security from her brother-in-law, that is brother of her deceased husband. The relations of Gulshan alias Darshna were not approved by her mother Phoola. Phoola made a complaint that her daughter Gulshan alias Darshna was living in Halu Bazar Bhiwani where she was married to Subhash. Subhash died suddenly. Thereafter Gulshan alias Darshan was living with her father-in-law Om Prakash. There was one mosque in that area. The Imam of that Mosque was Sayed Abdul Sattar who eloped with her daughter Gulshan alias Darshna and they were missing since January 4, 1998 along with her three little daughters. On the complaint annexed as Annexure A-5 with the petition the petitioners have sought the quashment of that F.I.R. They have alleged that Gulshan alias Darshna was married to Subhash according to Hindu rites and from that wedlock, she, gave birth to three children. Subhash died on 3-7-1996. After the death of Subhash she has been subjected to constant mental and physical torture by her brother-in-law. She came in contact with one Sayed Abdul Sattar through the common friends who expressed his desert to maintain her and her three children. On 6-1-1998, petitioner No. 2 Gulshan alias Darshna filed an affidavit before Sub-Divisional Magistrate. Model Town. Delhi, adopting Islam with her three children. Therefore, petitioners, No. 1 and 2 got themselves married according to Muslim rites and are residing at Delhi as husband and wife. It has been further alleged that her mother all alone opposed to the inter-caste marriage. Her mother wanted the petitioners to be arrested and to cause harm to them so that Gulshan alias Darshna may start living separately from petitioner No.1.

(3.) On 30-4-1998 Gulshan alias Darshna appeared in Court in person and made a statement reiterating all the facts mentioned in the petition. She further stated that nobody was ready to take the responsibility to maintain her and her three children. She had no source of income and place to live. She willingly embraced Islam and became Muslim and is no more Hindu by religion. Her marriage with petitioner No. 1 was performed according to Muslim law and now she is living with Sayed Abdul Sattar as his legally wedded wife and her parents have no right to interfere in her married life. A separate statement to, that effect was recorded.