ANNU PRIYA KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing of the FIR being Dumka (T) P.S. Case No.87/2023 dtd. 19/3/2023 registered under Ss. 363, 366(A) of the Indian Penal Code, pending in the court of the learned Chief Judicial Magistrate, Dumka.

(2.) Mr. Indrajit Sinha, learned counsel appearing for the petitioners submits that petitioner no.1 has married with petitioner no.2. He submits that the girl (petitioner no.1) is major and on her own choice, she has married with Rahul Raj, who is petitioner no.2. He submits that petitioner no.1 was born at Royale Hospital, Samastipur on 7/5/2004 and Birth Certificate was also issued by the Government of Bihar. He further submits that the bank account was opened in the name of petitioner no.1 on 10/8/2016 by her father and by mistake, her date of birth was recorded as 29/9/2004. He submits that petitioner no.1 met petitioner no.2 who is a businessman and petitioner no.2 has promoted petitioner no.1 in her avenues and soon the friendship turned into love and, thereafter, they married. He further submits that petitioner no.1 left her maternal home on 19/3/2023. He submits that respondent no.5 has lodged the present case alleging that petitioner no.1 is a minor and that is why, the case has been registered under Ss. 363 and 366(A) of the Indian Penal Code. He also submits that they married before the Arya Samaj Mandir for which Certificate dtd. 27/3/2023 has been issued. He submits that family members of petitioner no.2 are being harassed in view of the said case and even vehicle of mother of petitioner no.2 was unauthorizedly seized by the police. He submits that all these have happened in absence of any notice under Sec. 41A of Cr.P.C. In this background, he submits that the entire criminal proceeding may kindly be quashed.

(3.) A counter affidavit has been filed on behalf of the respondent-State, wherein, it has been disclosed that the I.O. has recorded re-statement of the informant in para 2 and, thereafter, investigation was going on to search the victim girl Annu Priya Kumari, who is petitioner no.1 and it was found that she was in touch with Mobile SIM No.8084632831 and further CAF of the said Mobile number was taken by the I.O. and it was found that the holder of that SIM is Rahul Raj, who is petitioner no.2 and with the help of Samastipur Police, the raid was conducted at the house of Rahul Raj. In para 27 of the case diary, it is stated that Rahul Raj was seen with unknown girl and in view of CCTV footage of 19/3/2023 at Bachwada, Govindpur, Begusarai, the girl was identified as Annu Priya Kumari, petitioner no.1. In paragraph 16 of the counter affidavit, it has been disclosed that the accused has many girlfriends and the mother of the accused has also supported the activity of the accused by providing financial aid. In paragraph 19 of the counter affidavit, it has been disclosed that Rahul Raj (petitioner no.2) was involved in Tajpur P.S. Case No.342 of 2018 for the offences under Sec. 302/34/120B of the Indian Penal Code and Sec. 27 of the Arms Act. In the meantime, it was informed to the I.O. by the informant that the petitioners have filed present criminal writ petition before this Court and in view of the annexures annexed in the petition, the marriage certificate and other documents were further investigated by the I.O. and found that Rahul Raj was the accused of Sadar P.S. Case No.262 of 2011, dtd. 4/5/2011 under Ss. 363 and 366(A) of the Indian Penal Code and he married with Neha Kumari @ Shalini in the Court and Aadhar Card of Shalini shows that her husband is Rahul Raj of Kashipur Ward No.11 near N. Tigga Samastipur, Bihar. The I.O. went to Samastipur for verification of the Birth Certificate of petitioner no.1 and filed application before the Registrar (Birth and Death) Samastipur and after verification of the Certificate, it was pointed out that the Certificate was not issued from his office and manipulation was made in obtain the said certificate. As per the certificate issued by the school, the age of petitioner no.1 is 29/9/2006 and she was minor aged 16 years and 6 months on the alleged date of occurrence i.e. 19/3/2023. It has been alleged that Rahul Raj has prepared forged and fabricated document only with a view to put the authorities in dark. It has been further disclosed that Rahul Raj is habitual criminal and has criminal antecedent.