LAWS(J&K)-2021-1-16

SONIA DEVI Vs. STATE OF J & K

Decided On January 29, 2021
SONIA DEVI Appellant
V/S
STATE OF J AND K Respondents

JUDGEMENT

(1.) Through the medium of instant petition, the petitioners are seeking quashment of challan bearing No.31/2018 dated 26.02.2018 titled 'State vs Deepak Anuragi' pending disposal before the Court of learned Principal Sessions Judge, Kathua, that has arisen out of FIR No. 268/2017 for offences under Sections 363/376 RPC registered with Police Station, Rajbagh, Kathua.

(2.) The case of the petitioners is that in the year 2017, they fell in love with each other and, accordingly, in the month of December 2017, they decided to marry each other. Respondent No.2, the father of petitioner No.1 was not in favour of this relationship, as a result of which, the petitioners decided to run away and on 27.12.2017, they entered into wedlock in Arya Samaj Mandir near Tis Hazari Courts, Delhi. It is averred that respondent No.2 lodged a false and frivolous FIR bearing registration No. 268/2017 with Police Station, Raj Bagh, Kathua alleging therein that petitioner No.2 had kidnapped petitioner No.1, as a consequence whereof, on 30.12.2017, petitioner No.2 was arrested from Ghaziabad. After investigation of the case, the impugned challan came to be filed before the Court of learned Principal Sessions Judge, Kathua and as per the challan, offences under Sections 363/376 RPC were found established against petitioner No.2.

(3.) On 04.06.2018, the statement of petitioner No.1, who is a prosecution witness in the aforesaid challan was recorded in which she supported the case of petitioner No.2 and, accordingly, he was released on bail on 23.08.2018. It is further averred that on 15.10.2018, both the petitioners again solemnized the marriage as initially at the time when they had performed the marriage ceremony, petitioner No.1 was a minor. It is averred that the petitioners are residing together at Akhnoor as husband and wife and, as such, the impugned challan deserves to be quashed so that they are able to spend their life as a married couple ina peaceful manner.