IMPORTANT POINT
The court established that marriage and cohabitation of the accused and victim negate the applicability of kidnapping charges under IPC.

JUDGMENT :

Mr. Sumeet Goel, J.: The present petition has been filed, under Section 482 of the Code of Criminal Procedure Code of 1973 (hereinafter to be referred as “Section 482”),by the petitioner-Surjit Rai for quashing of FIR 268 dated 25.12.2009 (impugned FIR) registered under Sections 363-A/366 of Indian Penal Code, 1860 at Police Station Payal, District Khanna, Punjab and all consequential proceedings arising therefrom.

2. It would be pertinent to refer herein to the factual matrix of the present lis:

(i) The impugned FIR, as spelt out in the present petition, is as follows;

“Statement of Ketab Singh alias Ravi son of Ram Parshadi caste yadav r/o Village Roopdhani, P.S. Jaithra, Distt Eta, State UP at present tenant of Kuldeep Singh, r/o Ward No.8, Payal, aged about 40 years. It is stated that I am resident of the aforesaid address. About ten years ago, I migrated to Punjab and started residing at Payal. I have four sons and two daughters. My elder daughter Jyoti is aged 15 years. And younger daughter Arti is aged 13 years, who is 5th standard passed from Payal school. My wife died in a roadside accident, therefore, my daughter was doing the household work at home. My brother-in-law (Sala),Vinod Kumar son of Birbal Singh r/o Hanukhera, P.S Bhoga, Distt Mehpuri, U.P was residing near to us at Payal from last 15/16 years, who used to install a rehri of kulcha’ at Bus Stand, Payal. One Surjit Rai son of Surinder Rai caste Yadav r/o Desaipur, Swaipati, Distt Muzaffar Nagar, Bihar, was residing with him for last P.S. ten years, who was also selling Kulchas on rehri along with my brother-in-law. I have also installed a rehri of ‘golgappas’ at bus stand, Payal. Due to this reason, Surjit Rai, servant of my brother-in-law Vinod Kumar used to visit my house. On 21.12.2009, I along with my sons was present at Bus Stand, Payal, where we had installed a rehri’. My daughter Jyoti and Arti were at home. When at about 8.00 PM, I returned my home, then my daughter Jyoti informed that Arti had gone to the market in the evening but did not come back. I searched for my daughter Arti but could not trace her. Surjit Rai, servant of my brother in law Vinod Kumar, was also not at his home. I believe that the said Surjit Rai had enticed away my daughter. Today I was going to police station for giving information but you met me near bus stand Payal. Statement has been recorded, heard and correct. Action be taken….xx”

The complainant/informant in the impugned FIR is one Ketab Singh, who has been impleaded as respondent No.2 herein and the victim is his daughter namely Aarti Devi, who has been impleaded as respondent No.3 (herein).

(ii) The petitioner has pleaded that he got married with the victim (respondent No.3 herein) on 23.04.2010 whereinafter they had been living in the State of Bihar as husband and wife. It has been further pleaded that out of this wedlock, three children have been born.

(iii) The petitioner is stated to have been arrested approximately after 07 years of the registration of the impugned FIR. After being arrested, the petitioner was granted regular bail by the Sessions Court vide order dated 27.10.2016. It is worthwhile to notice that, during the course of proceedings in the bail petition before the Sessions Court, a statement of the victim was recorded which has been reproduced in the said bail order and the same reads as under:

“During the course of arguments, prosecutrix, appeared through Counsel Ms. Rachna Dev, Advocate, and got recorded her statement as below:-

“Stated that I performed marriage as per Hindu rites with applicant-accused Surjit Rai with my free will and consent on 23.4.2010. I was major at the time of alleged occurrence and at the time of my marriage. I am happily married with applicant-accused Surjit Rai. Out of our wedlock, we have two children. My elder child/son namely Paramjit Kumar was born on 4.5.2011, photocopy of his birth certificate is Mark A. My younger daughter RinkeyKimari was born on 29.11.2014, ph