MUKESH KUMAR NANDAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE prayer in this writ application is for quashing of the First Information Report in Phirbahore P.S. Case No. 137 of 1999 registered on 15th of July 1999 for the offences under Section 364 of the Indian Penal Code against the petitioners by the mother of the victim namely, Aasfa Imam alleging kidnapping of her daughter on 14th of July 1999 by the accused persons of the said case who are petitioners in this writ application. Petitioner no. 1 is alleged to have married the daughter of the informant namely, Shadan Imam @ Rani Nandan (respondent no. 5). Respondent no. 6 who is the informant of the above police case did not appear, however, she appeared pursuant to the notice issued after admission of the case through her counsel who entered by filing through Vakalatnama, however, at the time of hearing, no one appeared on behalf of respondent no. 6.

(2.) THE aforesaid first information report was lodged by the mother of the victim alleging kidnapping of her daughter on 14.06.1999 at about 3.30 p.m. when she left the house situated in Bakarganj Bajaj Gali, Patna Market, Patna, however, when she did not come back to her house till 15th of July 1999, the date when the informant given her Fardbeyan before the Inspector of Police-cum- Officer-in-charge, Phirbahore, Patna. It is alleged that the informant tried to locate her from the place of her relatives, however, she could not locate her daughter and as such, the first information report was lodged. Learned counsel appearing on behalf of the petitioners submit that petitioner no. 1 married the daughter of the informant and since both of them were major as such, they were free to take decision and in fact, they solemnized their marriage on 2nd of February 1999 through the rituals of the Arya Samaj and the certificate to the same was granted vide Annexure- 5. Later on, petitioner no. 1 and the respondent no. 5 marriage under the provisions of Special Marriage Act 1954. A certificate of marriage was also issued by the Marriage Officer, Patna vide Certificate no. 29/1999 dated 26th of May 1999. In the other words submission is that the petitioner no. 1 married the respondent no. 5 even before the date of the alleged kidnapping i.e. 14.06.1999.