1 Rule.
Service is waived. Upon the joint request made by the learned advocates for the parties, this matter is taken up for final disposal.
2 This application under Section 482 of the Code of Criminal Procedure, 1973 [for short, 'the Code'] is filed by the applicants to quash the FIR being C.R. No.I-57 of 2011 registered with Vadnagar Police Station, for the offences punishable under Sections 366, 380 and 114 of the Indian Penal Code.
3 Heard the learned advocates for the parties and perused the record.
4 The applicants are married on attaining the majority and the certificate of marriage is produced on record accordingly and now they stay together and live their marriage life peacefully. Their statements are recorded by the Investigating Officer and even affidavits are filed by the petitioners that no precious ornament was taken away by applicant No.1 and she had voluntarily gone with applicant No.2. The learned counsel for the applicants has placed reliance on the judgment of the Apex Court in the case of Lata Singh vs. State of U.P., reported in AIR 2006 SC 2522 in support of his submission that the applicants are entitled to live lawfully and peacefully as citizens of this country and performed their obligations arising out of matrimonial tie.
5 Considering the overall facts and circumstances of the case, keeping in mind the law laid down by the Apex Court in the case of Lata Singh [supra] about right to life and right of marriage, and in view of the fact that now the affidavit is filed by the applicants along with relevant record of their dates of birth which shows that they had attained majority and the marriage certificate would reveal the performance of marriage in accordance with law, at this stage, to secure the ends of justice, I am inclined to exercise powers under Section 482 of the Code and, accordingly, the impugned complaint being C.R. No.I-57 of 2011 registered with Vadnagar Police Station, is quashed and set aside. The application is allowed to the aforesaid extent. Rule is made absolute. Direct service is permitted.
(ANANT S. DAVE, J.) (swamy) Top