2009 Supreme(Pat) 1575
IN THE HIGH COURT OF JUDICATURE AT PATNA
Navaniti Prasad Singh, J.
SMT. SHAHEEN @ PALLAWI
ASIF ISRAIL S/O MOHD. ISRAI - PETITIONERS
Versus
THE STATE OF BIHAR & ORS. - RESPONDENTS
CR. WJC No.1001 of 2009
Decided On : 22.12.2009
The court's decision emphasizes the role of the Superintendent of Police in determining the petitioners' age and intentions and stopping further investigation if satisfied.
Headnote:
Abduction - Marriage - Court directs petitioners to appear before Superintendent of Police for identification and to stop further investigation if satisfied with their age and intentions
Fact of the Case:
The petitioners, who are adults, are before the court for quashing a criminal proceeding alleging abduction and subsequent marriage. They claim to have married out of their own free will, but the court is not competent to decide this issue.
Finding of the Court:
The court directs the petitioners to appear before the Superintendent of Police with proper identification. If satisfied that they are adults and have eloped and married out of their own free will, the Superintendent of Police is directed to stop further investigation.
Issues: Quashing of criminal proceeding, determination of petitioners' age and intentions, protection for the petitioners
Ratio Decidendi: The court is not competent to decide the issue of the petitioners' marriage. The Superintendent of Police is tasked with verifying the petitioners' age and intentions and stopping further investigation if satisfied.
Final Decision: The writ petition stands disposed of with the court's directions to the petitioners and the Superintendent of Police.
Petitioner No. 1 is Smt. Pallawi now Shaheen who claims to be the daughter of Sushil Kumar Rai and Petitioner No. 2 is Asif Israil son of Md. Israil. They are both permanent resident of Muzaffarpur and both are adults.
2. First Investigation Report was lodged giving rise to Muzaffarpur(sadar) P.S. Case No. 231/2009 dated 28th of September, 2009 instituted under Sections 365/366 of the Indian Penal Code by the father of petitioner No. 1 inter alia alleging that he had gone to college for Post Graduate admission of petitioner No. 1 from where she went a miss. Later on, on his mobile he received a call stating that she was in the custody of Asif Israil, petitioner No. 2. He apprehended that she has been abducted. The two petitioners one who is said to be the abductor and the other who is the victim are before this Court for quashing a criminal proceeding on ground that they are adults, they have a right to take decision of their future and they have so decided to get married but this has created a lot of resentments among parents of petitioner No. 1. At their instance petitioners are being harassed and the case is totally false.
3. If facts as stated above that two petitioners are adults is correct and further if they have out of their on free will married then there can not be any case much less the present case and investigation must stop for there is no offence at all committed and police has no case to investigate. But this Court in these proceedings is not competent or equiped to decide this issue. It would be better if both the parties i.e. petitioner Nos. 1 and 2 appear before the Superintendent of Police, Muzaffarpur with proper identification and if Superintendent of Police is satisfied that petitioners are who they claim to be then he would immediately direct for closure of the case and stopping of any further investigation.
4. In that view of the matter, I direct the two petitioners to make an application to the Superintendent of Police in writing calling upon him to fix a date for their appearance before him. The Superintendent of Police would also ensure that the parents of petitioner No. 1 are also made to appear before him on the said date so that the parties can be identified. Once the petitioners appear, the Superintendent of Police would satisfy himself about their age and their intentions and if it is found that they are adults and have their own free will eloped and married, he would stop further investigation in the matter. While fixing the date, he would also ensure that proper protection is given to the petitioners for their safety because they apprehend bodily harm otherwise.
5. Let petitioners make proper application along with a copy of ORDER :of this Court to the Superintendent of Police who would act in accordance with the directions as contained herein. In the meantime, it is directed that no coercive steps would be taken against either of the petitioner in the case aforesaid.
6. Let a copy of this ORDER :be given to the State counsel to be sent the Superintendent of Police, Muzaffarpur, who would take steps to inform the parents of petitioner No.1 accordingly and proceed as indicated above.
7. With these observations and directions the writ petition stands disposed of.