SHAHEEN ALIAS PALLAWI Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER No. 1 is Smt. Pallawi now Shaheen who claims to be the daughter of Sushil Kumar Rai and Petitioner No. 2 is Asif Israil son of Md. Israil. They are both permanent resident of Muzaffarpur and both are adults.

(2.) FIRST Investigation Report was lodged giving rise to Muzaffarpur(sadar) P.S. Case No. 231/2009 dated 28th of September, 2009 instituted under Sections 365/366 of the Indian Penal Code by the father of petitioner No. 1 inter alia alleging that he had gone to college for Post Graduate admission of petitioner No. 1 from where she went a miss. Later on, on his mobile he received a call stating that she was in the custody of Asif Israil, petitioner No. 2. He apprehended that she has been abducted. The two petitioners one who is said to be the abductor and the other who is the victim are before this Court for quashing a criminal proceeding on ground that they are adults, they have a right to take decision of their future and they have so decided to get married but this has created a lot of resentments among parents of petitioner No. 1. At their instance petitioners are being harassed and the case is totally false.

(3.) IN that view of the matter, I direct the two petitioners to make an application to the Superintendent of Police in writing calling upon him to fix a date for their appearance before him. The Superintendent of Police would also ensure that the parents of petitioner No. 1 are also made to appear before him on the said date so that the parties can be identified. Once the petitioners appear, the Superintendent of Police would satisfy himself about their age and their intentions and if it is found that they are adults and have their own free will eloped and married, he would stop further investigation in the matter. While fixing the date, he would also ensure that proper protection is given to the petitioners for their safety because they apprehend bodily harm otherwise.