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2002 Supreme(All) 543

IN THE HIGH COURT OF ALLAHABAD
BINOD KUMAR ROY, R. C. DEEPAK
SHAMSHER ALAM ALIAS SHERU - Appellant
Versus
STATE OF U. P. - Respondents
CRI. M. W. P. 1019 Of 2002
Decided On : 04/15/2002

Advocates Appeared:
A.K.DWIVEDI, AVADHESH RAI, N.I.Jafri

The central legal point established in the judgment is the protection of individual freedoms and rights guaranteed under the Constitution of India and the Indian Penal Code.

Headnote:

quash - First Information Report - Sections 363, 366, 506, I. P. C. - The judgment discusses the legal provisions of Articles 19 and 21 of the Constitution of India, Sections 363, 366, and 506 of the Indian Penal Code, and their interpretations, influencing the court's decision to quash the First Information Report.

Fact of the Case:

The petitioners sought to quash a First Information Report alleging kidnapping and related offenses. The petitioners claimed that the allegations were false and that the woman in question had married petitioner No. 1 of her own free will.

Finding of the Court:

The court found that the woman was of legal age and had married petitioner No. 1 of her own free will, thereby quashing the First Information Report.

Issues: The main issue was whether the allegations in the First Information Report were valid, considering the woman's legal age and her marriage of her own free will.

Ratio Decidendi: The court's decision was based on the legal provisions of Articles 19 and 21 of the Constitution of India, as well as Sections 363, 366, and 506 of the Indian Penal Code, which guaranteed the woman's freedom and rights as an adult.

Final Decision: The court quashed the First Information Report and commanded the respondents not to interfere with the life and liberties of the petitioners and the woman.

( 1 ) THE petitioners have come up with a prayer to quash the First Information Report dated 24-1-2002 giving rise to registration of Case Crime No. 53 of 2002, P. S. Kotwali Mau, District Mau, under Sections 363/366/506, I. P. C. (as contained in Annexure 1) by granting a writ of certiorari. Their second prayer is to command the Police not to arrest them in relation to Criminal Case aforementioned. Their last prayer is to issue any other writ, order or direction of suitable nature which may be deemed fit and proper.

( 2 ) A perusal of the impugned First Information Report shows, inter alia, that respondent No. 3 herein Jafrul Hasan lodged a written report on 24-1-2002 to the effect that her daughter Kumari Rumi Parveen, who is a student of IInd year B. A. of Degree College Talimuddin Niswa, Mau in the morning of 10th January, 2002 had gone out for her studies along with her friends Nasreen and Pinki but she did not return back to home after closure of the school and then an enquiry was made on which it transpired that while returning from the School, petitioner No. 1 herein Shamsher Alam alias Sheru son of Ziyaul Hasan, Ansar Ahmad Son of Hafiz, Ikramul Son of Mohd. Mustafa alias Lali all residents of Mohalla Pathan Tola and petitioner No. 2 herein Mohd. Sahid son of Mushtaq Ahmad resident of Bans Ki Masjid had enticed and kidnapped her away on a Tata Sumo vehicle; that in the act of kidnapping of his daughter, Ikramul and Mohd. Sahid had also associated, and thus the request for registration of a First Information Report and taking steps for safe recovery of his daughter.

( 3 ) THE petitioners assert, inter alia, that the entire case set up is absolutely false and concocted, as a matter of fact Rumi Parveen, who was born on 7-7-1980 meaning thereby is 22 years of age, was major, who of her own accord and free will without any pressure or threat, married petitioner No. 1 under Muslims rites and customs, a true copy of their Nikahnama dated 14-1-2002 is appended as Annexure 2; after the marriage, the couple came up to Mau; respondent No. 3, after having come to know of the Nikah felt annoyed as it was solemnized against his wishes; on account of intervention of some respectable persons and relatives of the petitioners, the matter was pacified and respondent No. 3 accepted her marriage, however, on 24th January 2002, respondent No. 3 at the behest of the persons, who are inimical to the petitioners, approached the Police; no offence has been made out by the petitioners, who are illegally tried to be arrested by the Police without collecting any evidence and thus the petitioners are seriously prejudiced. The affidavit attached with this writ petition has been sworn by Rumi Parveen.

( 4 ) ON 18-2-2002 we had passed the following order :"the main thrust of the submissions made by Mr. N. I. Jafri, learned counsel appearing on behalf of the petitioners who have come up with a prayer to quash the impugned First Information Report are that the entire allegations therein are concocted for the reason that Miss Rumi Parvin, Daughter of the informant (Jafrul Hasan) respondent No. 3 on the face of it was a Graduate student and adult who of her own will has married petitioner No. 1 Shamsher Alam alias Sheru in support of which he produces Miss Rumi Parvin before us. In the larger interest of justice, we interrogated her who claimed that she is Miss Parvin Daughter of Jafrul Hasan, that she is a student of B. A. ; that her date of birth as mentioned in her School Certificate is 7/07/1980 which, however, is at her fathers residence; and that she of her own will had married petitioner No. 1. In the backdrop aforementioned, we issue notice by Regd. Post and Ordinary mode to respondent No. 3 to show cause why this writ petition be not allowed making the Rule returnable on 2nd April, 2002. Necessary requisites etc. to be filed within two weeks from today. Liberty is granted to respondent Nos. 1 and 2 who are represented by Sri A. K. Dwivedi, lear



















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