Supreme Court - Daily Orders
Om Prakash vs State Of Uttarakhand . on 10 February, 2015
Bench: V. Gopala Gowda, R. Banumathi
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(s). 576 OF 2009
OM PRAKASH ... APPELLANT(S)
VERSUS
STATE OF UTTARAKHAND AND ORS. ....RESPONDENT(S)
O R D E R
Heard learned counsel for the parties. The correctness of the Order of the High Court of Uttarakhand in Writ Petition No. 461/2007 declining to exercise its power under Section 482 of the Code of Criminal Procedure to quash the F.I.R. is challenged before this Court urging various legal grounds.
In view of the order which we propose to pass in this appeal, it is inexpedient to give in detail the facts of the case. Suffice it to say that on 21.02.2006 marriage between Main Kumar, son of the appellant herein, and Manisha, daughter-in-law of the appellant herein and daughter of respondent No. 4 was solemnised as per Hindu Signature Not Verified Digitally signed by Sushil Kumar Rakheja Date: 2015.02.13 18:05:19 IST Reason: rites and customs. It is also stated that the daughter of the 4th respondent was major at the time of marriage and 2 certificate/ mark-sheet of High School in which the date of birth entry shown as 2.01.1985 is produced in this case. We have perused the same. Apart from this, she has filed an affidavit in this criminal appeal wherein she has in no uncertain terms has stated on oath and admitted that she had married with the son of the appellant herein and further stated that she is very happy with her marital life and she is pregnant, running into seven months on first pregnancy on the date of filing the affidavit. Further, she has stated that her parents are not happy being the inter-caste marriage and her father wanted her that she should marry according to his wish and leave the present marital home, therefore, the F.I.R. was filed.
Learned counsel appearing on behalf of the 4th respondent vehemently contends to justify the impugned order passed by the High Court contending that the entry in the School certificate is not correct one. On the date of the alleged marriage ceremony, she was a minor, therefore, he has filed the complaint. This aspect of the matter has been taken into consideration by the High Court, therefore, rightly rejected the petition declining to exercise its discretionary power to quash the proceedings as the High Court was satisfied prima facie that a case is made out 3 against the appellant and others.
The learned counsel appearing on behalf of the State also justifies the impugned order.
We have very carefully perused the finding and the reasons recorded by the High Court as also the material produced, particularly Annexure P-1, the School Leaving Certificate and High School Examination Mark sheet wherein her date of birth is shown as 2.10.1985. As on the date of marriage, she has attained majority, therefore, the allegations made in the F.I.R. are wholly untenable in law. This aspect of the matter has not been considered by the High Court at the time of examining the case under Section 482 CrPC. This itself is a ground for quashing the F.I.R. Apart from the said affidavit, 4th respondent's daughter has filed an affidavit in these proceedings stating the abovesaid facts and further stated that she has been living with her husband happily and children are born out of their wedlock, therefore, we are of the considered view that the F.I.R. is liable to be quashed. Accordingly, we quash the F.I.R dated 8.04.2006 lodged by respondent No. 4 and Case Crime No. 86/2007 registered at Police Station Laksar Haridwar.
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For the foregoing reasons, the impugned order is set aside and the appeal is allowed.
...........................J. (V. GOPALA GOWDA) ..........................J. (R. BANUMATHI) NEW DELHI, FEBRUARY 10, 2015 5 ITEM NO.1 COURT NO.10 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 576/2009 OM PRAKASH Appellant(s) VERSUS STATE OF UTTARAKHAND AND ORS. Respondent(s) Date : 10/02/2015 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MRS. JUSTICE R. BANUMATHI For Appellant(s) Ms. Anjali Bhargava, Adv.
Mr. Nikhilesh Bhargava, Adv. Mr. Ashok Kumar Sharma,Adv.
For Respondent(s) Mr. Jatinder Kumar Bhatia,Adv.
RR 1-3 Mr. Mukesh Verma, Adv.
RR-4 Mr. Pramod Dayal, Adv.
Mr. Nikunj Dayal, Adv.
Ms. Payal Dayal, Adv.
UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the parties.
The appeal is allowed in terms of the signed order.
(S. K. RAKHEJA) (MALA KUMARI SHARMA)
COURT MASTER COURT MASTER
(Signed order is placed on the file)