Himachal Pradesh High Court
Karam Deen vs State Of Himachal Pradesh And Another on 19 March, 2015
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .
Cr.MMO No.47 of 2015.
Date of decision: 19.03.2015.
Karam Deen .....Petitioner.
Versus
State of Himachal Pradesh and another ..... Respondents.
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge. Whether approved for reporting?1No For the Petitioner : Mr.Angrej Kapoor, Advocate.
For the Respondents : Mr.Virender Kumar Verma,
Ms.Meenakshi Sharma and
Mr.Rupinder Singh, Additional
Advocate Generals, for respondent
No.1.
Mr.Mandeep Chandel, Advocate, for
respondent No.2.
Tarlok Singh Chauhan, Judge (Oral).
This is a petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No.171/2014 dated 08.12.2014, registered at Police Station, Bangana, District Una, under Sections 376, 506 IPC and Section 4 of the POCSO Act.
2. The case of the petitioner, in a nutshell, is that he has already married respondent No.2, on 10.12.2014, who is major, as per the Mohammedan rites and after performing all the ceremonies a 'Nikahnama' was issued in their favour and, therefore, cannot be compelled to undergo the agony of trial for the aforesaid offences.
Whether the reporters of the local papers may be allowed to see the Judgment?Yes ::: Downloaded on - 15/04/2017 17:49:15 :::HCHP 2
3. The petitioner and respondent No.2 have appeared in person before the Court. The respondent No.2 has been identified by Mr. .
Mandeep Chandel, Advocate. Vide her separate statement recorded in the Court today, she has stated that she has got married to the petitioner on 10.12.2014 out of her free will and volition and being a major, she has every right to be with the petitioner as his legally wedded wife. In support of her age, she has produced true copy of matriculation certificate which discloses her date of birth to be 13.10.1996 and proves the fact that as on the date of marriage, the respondent No.2 was already major. The respondent No.2 has also filed an affidavit before this Court clearly stating therein that the petitioner has not made any physical relations with the deponent while she was below 18 years of age.
4. From the perusal of records, it is certain that the parties have already got married out of their free will and volition and a 'Nikahnama' evidencing such marriage has also been issued in their favour. When the parties have reached the settlement, then the guiding factor in such cases would be to secure the ends of justice or to prevent the abuse of process of any Court. After-all, the Court ought not to interfere or even intervene when the petitioner and respondent No.2 are husband and wife in the eyes of law. Moreover, the prosecution too has no objection in case the proceedings are quashed.
5. This Court is convinced that the continuation of the proceedings would tantamount to abuse of process of law and would play havoc with the married life of the petitioner as also respondent No.2.
6. In these circumstances, FIR No.171/2014 dated 08.12.2014, registered at Police Station, Bangana, District Una, under Sections 376, ::: Downloaded on - 15/04/2017 17:49:15 :::HCHP 3 506 IPC and Section 4 of the POCSO Act against the petitioner is quashed along with all consequential proceedings, if any, .
7. The petition is allowed in the aforesaid terms.
March 19, 2015. (Tarlok Singh Chauhan),
(krt) Judge.
r to
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