IMPORTANT POINT
The court established that a victim's marriage to the accused and her consent can negate allegations of kidnapping under IPC and POCSO Act.

JUDGMENT :

SUMEET GOEL, J.

1. The present petition has been filed under Section 482 of the Code of Criminal Procedure 1973 (hereinafter to be referred as “Section 482”), by the petitioner for quashing of FIR No. 80 dated 29.01.2018 (impugned FIR) registered under Sections 346, 363, 366-A of Indian Penal Code, 1860 and Section 6 of POCSO Act at Police Station Mujesar, District Faridabad 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:

“To,

Chowki Incharge,

Sanjay Colony,

Sector 23, Faridabad.

Sir,

It is submitted that I, Shiva son of Amar Singh, Caste Bawaria, am resident of H.No. 214, Jeewan Nagar Gochi near Sen Chowk, opposite Shiv Narain Durga Temple, Part-II, Faridabad. I have two sons and one daughter. My daughter Sapna is the eldest amongst my children, who is aged 15-16 years 1 of 8 and does household work. On 26.01.2018 at 7.20 Ñ.Ì., my daughter Sapna without informing anyone left the house alongwith 3 gold chains, one gold locket, four gold rings- 2 ladies & 2 gents, four gold necklace, two silver taagri, three pair anklet, two pair earrings and Rs.20,000/- cash. She is wearing orange colour suit, golden colour Salwar, ladies footwear and checked jacket. Her description is: round face, Wheatish complexion, slim body, height around 5', age 15-16 years, who has been kidnapped by some unknown person. My daughter and the gold and silver ornaments be recovered.

Sd/-”

The complainant/informant in the impugned FIR is Shiva, who has been impleaded as respondent No. 2 herein and the victim is his daughter namely Sapna.

(ii) The petitioner has pleaded that he got married with the victim namely Sapna on 19.09.2018 whereinafter they had been living as husband and wife. It has been further pleaded that after solemnization of marriage, the petitioner and the victim namely Sapna filed a petition for protection of their life and liberty before this Court vide CRM-M-45668-2018 which was disposed of vide order dated 15.10.2018; relevant whereof reads as under:

“In view of the submission of learned counsel for the petitioners, but without expressing any opinion on the validity of marriage of petitioners, petition is disposed of with direction to respondent No. 2- Superintendent of Police, Palwal to look into the representation dated 19.09.2018 (Annexure P-4) and take appropriate action in accordance with law, on receipt of copy of this order along with representation in his office.

However, it is made clear that this order will have no effect on the validity of alleged marriage of the petitioners or on any other civil or criminal proceedings instituted or intended against them under any law including the provisions of Prohibition of Child Marriage Act, 2006.”

(iii) Indisputably, the victim-daughter of the complainant namely Sapna is living happily with the petitioner since the day of marriage. It is worthwhile to note that during the course of proceedings in the present petition, short reply by way of affidavit of Sapna (victim-respondent No. 3) has been filed, relevant whereof reads as under:

“6. That the deponent is legally wedded wife of petitioner and she has no objection, if the FIR in question is quashed by this Hon’ble court. The deponent is able to think about her bad and good and she is living with the petitioner. The respondent No. 2 has got lodged the FIR only to teach a lesson to the petitioner as well as the deponent as they have performed marriage against his wishes.

7. That the Respondent No. 2 is mother of father of deponent and the police is colluding with the Respondent No. 2 and has registered false FIR against the petitioner. The allegations as contained in the FIR are totally false, vague and baseless. Earlier also, false FIR was got registered. Infact, both the families are very poor and the questing of stealing 3 gold chains, one gold locket, four gold rings- 2 ladies & 2 g