LAWS(HPH)-2018-10-70

KULDEEP Vs. STATE OF HIMACHAL PRADESH AND ANOTHER

Decided On October 22, 2018
KULDEEP Appellant
V/S
State of Himachal Pradesh and Another Respondents

JUDGEMENT

(1.) By way of instant petition having been filed by the petitioner under Sec. 482 CrPC, prayer has been made for quashing of FIR No. 247 of 2014 dated 27.10.2017, under Ss. 363, 3661 and 34 IPC, registered at Police Station Baddi, District Solan, Himachal Pradesh as well as consequential proceedings pending in the court of learned Judicial Magistrate 1st Class, Court No. 1, Nalagarh, District Solan, Himachal Pradesh in case titled as State vs. Kuldeep and others.

(2.) Parties i.e. petitioner Kuldeep and respondent No.2 namely Santosh Kumar are present in the court alongwith Ms. Navita, daughter of respondent No.2 and wife of petitioner.

(3.) Facts, as emerge from the record are that respondent No.2 Santosh Kumar, who happens to be father of Navita, lodged the FIR as detailed herein above, against the present petitioner, alleging therein that his minor daughter namely Navita has been kidnapped and kept in illegal confinement by the present petitioner. Petitioner, Kuldeep by way of petition before this court has claimed that he has performed marriage with Navita daughter of respondent No.2, after her having attained age of majority on 5.2.2018, in accordance with Hindu rites and customs, of their own free will and consent at Khapalwani Temple in Village Mandap, District Mandi (HP). Petitioner has further averred that out of aforesaid marriage, one male child namely Shaurya was born on 7.8.2015 and at present they are living a happy married life.