SWAROOP Vs. STATE OF H P AND ANOTHER

JUDGEMENT

(1.) By medium of this petition under Section 482 of the Code of Criminal Procedure, the petitioner has sought quashment of FIR No. 67 of 2012 dated 8.10.2012, registered at Police Station, Bharmour, District Chamba, H.P. under Sections 363 and 366 IPC and has further prayed for quashing proceedings in Criminal Case No. 430-I/13 titled as 'State vs. Swaroop' pending before the learned Chief Judicial Magistrate, Chamba, H.P.

(2.) The facts leading to the present case are that the petitioner while working at Baddi, met the daughter of respondent No.2, who was also working there. Subsequently, they out of their own free will and volition got married as per Hindu rites and customs on 17.12.2013, which is evident from the copies of affidavits executed by them and placed on record as Annexures P-1 and P-2, respectively. It is also not in dispute that at the time of solemnizing the marriage, both of them had attained the age of majority which is further evident from the copies of date of birth certificates, the copies of which are annexed as Annexures P-3 and P-4 respectively.

(3.) Earlier too this, when the daughter of respondent No.2 had not returned to her home, he had lodged the aforesaid FIR in which initially final report was presented on 2.12.2013. However, thereafter in view of the statement given by the daughter of respondent No.2 under Section 164 Cr.P.C., a cancellation report was submitted to the Court on 28.5.2014. The learned Magistrate for some strange reasons still continued with the trial and I have been informed that the FIR has now been converted into a private complaint of the respondent No.2.