FARMEED BEGUM Vs. STATE

JUDGEMENT

(1.) PETITIONERS through this petition under Section 561a Cr. P. C. seeks quashment and setting aside of FIR No. 135 of 2008 dated 23. 4. 2008 lodged under Section 363 RPC against Mr. Mohd Younus, Mr. Mohd Rashid, Mr. Mohd Rafeeq, Mr. Mohd shabir, Mr. Mohd-e-Azam, all sons of Said mohd and Mohd Riaz son of Mohd Rafeeq, all residents of village Sawani, Tehsil and district Rajouri, Jandk in Police Station, rajouri, District Rajouri, Jandk.

(2.) LEARNED counsel for the petitioners has submitted that the petitioner No. 1 was in love with petitioner No. 2 and wanted to marry him out of her love and affection. The father of petitioner No. l and her relatives objected to said marriage. Despite that petitioners got married on 19. 04. 2008 after completing all legal formalities and ceremonies of Nikah. It is also case of the petitioners that they approached the concerned police for help but all in vain. He further states that it is the duty of the police authorities to protect the lives and liberty of petitioners but instead of doing so, respondent No. 3 i. e. , S. H. O. , Police Station, Rajouri registered impugned FIR bearing No 135 of 2008 dated 23. 4. 2008 against aforesaid accused which is false, frivolous and concocted. Petitioners seek quashment of the aforesaid fir on the ground that it is registered in order to set into motion the proceedings against the accused persons at the behest of prosecutrix Mrs. Farmeed Begum who is petitioner No. 1 and she is before this Court to explain that neither she had been kidnapped nor she has any threat to her life by any of the accused named in the FIR No. 135 of 2008 dated 23. 4. 2008 rather the petition-ers are under threat from her close relatives names of which have been given in para 9 (b) of the present petition.

(3.) RESPONDENTS were put to notice vide order dated 20. 5. 2008. Mr. R. P. Sharma, advocate has appeared on behalf of respondent No. 4 and filed objections stating therein that petitioner No. l is a minor aged below 16 years and has been illegally kidnapped by accused Mohd. Younis husband of elder daughter of respondent No. 4 on the pretext of meeting her elder sister on 17. 4. 2008. A criminal conspiracy was hatched by said accused along other accused, namely, Mohd rashid, Mohd Rafiq, Mohd Shabir, Mohd azam son of Said Mohd, Mohd Riaz son of mohd Rafiq and others including Mohd. Sabir residents of Sawni (Path) Agrati to forcibly, deceitfully and illegally kidnap her to arrange marriage against her consent and by application of force. Respondent No. 4 submitted that her daughter petitioner No. 1 was not in a position to give consent being minor and has been forced to enter into nikah with Mohd Sabir-petitioner No. 2. Respondent No. 4 has also submitted in his objections that her daughter i. e. petitioner no. l has not put her thumb impression on any document. A fraud has been committed and the victim needs to be medically examined to ascertain her age by ossification/radiology tests and further submitted that the accused persons need to be punished in accordance with law, keeping in view public morality and social nature of offence.