The Allahabad High Court has quashed the FIR registered against Mohammad Chand Babu, resident of Handiya Prayagraj, on charges of kidnapping the victim.
The Division Bench of Justice Mahesh Chandra Tripathi and Justice Gajendra Kumar passed this order while hearing a petition filed by Smt Jyoti Kushwaha and Another.
The petition has been filed with the prayer to quash the First Information Report, dated 23.06.2021 registered as Case under Section 366 IPC, Police Station Handiya, District Prayagraj.
It is claimed that as per High School Mark-sheet the date of birth of first petitioner is 10.01.2001 and she is more than 18 years and as per Aadhar Card the date of birth of the second petitioner is 02.01.2001 and he is also more than 21 years. Both the petitioners are major.
As it is also claimed that petitioners have already solemnized the marriage with their own free will. They are living happily together and out of the said wedlock a baby child is born.
Counsel for the petitioner stated that as both the petitioners are marriageable age and no case is made out under section 366 IPC.
Counsel for the petitioner has contended that in view of the aforesaid facts and circumstances, the impugned FIR is liable to be quashed in view of the Supreme Court’s judgment in Kavita Chandrakant Lakhani vs State of Maharashtra & Anr reported in AIR 2018 SC 2099, wherein it was held that to constitute an offence under Section 366 IPC, it is necessary for the prosecution to prove that the accused induced the complainant woman or compelled by force to go from any place, that such inducement was by deceitful means, that such abduction took place with the intent that the complainant may be seduced to illicit intercourse and/or that the accused knew it to be likely that the complainant may be seduced to illicit intercourse as a result of her abduction.
He submitted that once the victim (first petitioner), on her free will, has joined the accused (second petitioner) and solemnized marriage and out of the said wedlock a girl child is also born, then the impugned FIR is liable to be quashed.
A.G.A could not dispute the aforesaid facts.
“Considering the facts and circumstances of the case, we are of the opinion that once the victim has joined the accused and solemnized marriage with him, then the chances of conviction are remote and bleak”, the Court observed while allowing the petition.
Accordingly, the Court quashed the First Information Report dated 23.06.2021 registered as Case under Section 366 IPC, Police Station Handiya, District Prayagraj.