SUMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRESENT petition has been filed by Suman and her husband Avtar Singh seeking quashing of FIR No. 77 dated 27.5.2008 registered at Police Station City Charkhi Dadri, under Sections 363, 366, 376 & 506 IPC.

(2.) IT is stated that Avtar Singh is facing trial in case arising out of FIR No. 77 dated 27.5.2008 registered at Police Station City Charkhi Dadri, under Sections 363, 366, 376 and 506 IPC. Petitioner No. 1 Suman, who is present in the Court, has stated that she herself had accompanied Avtar Singh and had performed marriage. They have relied upon Certificate of Marriage (Annexure P2) issued by Pracheen Gugga Marhi Ram Krishan Mandir, Sector 19-D, Chandigarh. Petitioners have further relied upon order passed by this Court on 5.6.2008 (Annexure P3) wherein it was noticed that the petitioners being major have solemnized marriage against the wishes of their parents. Counsel for the petitioner has further relied upon 164 Cr.P.C. statement of Suman recorded before the Sub Divisional Judicial Magistrate, Charkhi Dadri. In her 164 Cr.P.C. statement, she has stated her age as 19 years and submitted that she had performed marriage with her own sweet will with Avtar Singh. Counsel also relied upon Annexure P5 where radiological age of Suman was determined to be above 19 years and below 20 years. It is further submitted that Suman is pregnant. Therefore, continuation of trial will not serve any useful purpose as no offence under Sections 376, 363 and 366 IPC is made out.

(3.) PETITIONERS Suman and Avtar Singh, in their capacity as wife and husband, have prayed that FIR be quashed.