AZRA ALTAF Vs. UT OF J&K

JUDGEMENT

(1.) The Petitioners have challenged FIR No. 59/2020 for offence under Sec. 366 IPC registered with Police Station, Pulwama. It is the case of the petitioners that they are major and have entered into wedlock on 28/8/2020. Copy of the Nikah Namah has been placed on record. The petitioners have also placed on record a copy of the Marriage Agreement dtd. 28/8/2020. It is averred that petitioner No. 1 is aged above 20 years. In this regard, she has placed on record a copy of her date of birth certificate. It is contended that the relatives of the petitioners were not happy with the marriage as a result of which the father of petitioner no. 1 has lodged the impugned FIR alleging therein that petitioner No. 1 has been kidnapped by petitioner No. 2. It is averred in the petition that since the petitioners have entered into wedlock out of their own free will and volition and are residing together with their own consent, as such, no offence is made out against petitioner No. 2.

(2.) During the pendency of the petition, the statement of the prosecutrix/ petitioner No. 2 under Sec. 164 Cr. PC was got recorded by the investigating agency before the Judicial Magistrate 1st Class Anantnag. In her statement, the petitioner No. 1 has stated that she is aged 19 years and her family members are not happy with the marriage. She has further stated that she out of her own will and volition is residing with petitioner No. 1 at Arampora, Anantnag. She has further stated that in the month of September, 2020, she eloped with petitioner no. 2 and entered into wedlock with him. She has also stated that after spending one night at Anantnag, both of them fled to Kishtwar where they stayed together for four days. She has further stated that thereafter they stayed together for about 20 to 22 days at Kokernag. She has also stated that she has been residing with the petitioner No. 2 ever since and that she has, out of her own free will and volition, accompanied petitioner no. 2 and that she has not been kidnapped by him.

(3.) I have heard learned counsel for the parties and perused the material placed on record.