Mukesh vs State Govt. Of Nct Of Delhi & Anr.
2013 Latest Caselaw 4762 Del

$~ 16
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       W.P.(CRL) 1698/2013

%                                   Judgment dated 11th October, 2013

        MUKESH                                       ..... Petitioner
                    Through:        Mr.Utsav Pandey, Advocate

                           versus

        STATE GOVT. OF NCT OF DELHI & ANR...... Respondent
                Through: Mr.Pawan Sharma, Standing Counsel for
                          the State along with Mr.Sahil Monga, Advocate
                          and S.I. Subhash Chand,
                          P.S. Jaitpur, Delhi

                                    Respondent no.2/ complainant is present

        CORAM:
                HON'BLE MR. JUSTICE G.S.SISTANI
                           ORDER

%                          11.10.2013

G.S.SISTANI, J. (ORAL)

1. By the present petition, petitioner seeks quashing of the FIR No.295/2013 registered under Section 363 IPC at Police Station Jaitpur, Delhi and proceedings arising therefrom.

2. Notice. Learned Standing counsel for the State and the respondent no.2/ complainant, who is present in court, accept notice. The respondent no.2/ complainant submits that he does not wish to press the FIR and proceedings arising therefrom, in view of the fact that he is agreeable to the marriage which has been performed between the petitioner and his daughter. Respondent no.2/ complainant also submits that he and his

entire family have reconciled to the marriage of the petitioner and his daughter and he would like to secure the matrimonial ties of his daughter. Learned counsel for the petitioner has placed reliance on a decision rendered by a Full Bench of this Court in Court on its Motion (Lajja Devi) & Ors. Vs. State reported at 193 (2012) DLT 619, more particularly paras 48 and 51, which read as under:

"48. We often come across cases where girl and boy elope and get married in spite of the opposition from the family or parents. Very often these marriages are inter-religion, inter-caste and take place in spite of formidable and fervid opposition due to deep- seated social and cultural prejudices. However, both the boy and girl are in love and defy the society and their parents. In such cases, the courts face a dilemma and a predicament as to what to do. This question is not easy to answer. We feel that no straight jacket formula or answer can be given. It depends upon the facts and circumstances of each case. The decision will largely depend upon the interest of the boy and the girl, their level of understanding and maturity, whether they understand the consequences, etc. The attitude of the families or parents has to be taken note of, either as an affirmative or a negative factor in determining and deciding whether the girl and boy should be permitted to stay together or if the girl should be directed to live with her parents. Probably the last direction may be legally justified, but for sound and good reasons, the Court has option(s) to order otherwise. We may note that in many cases, such girls severely oppose and object to their staying in special homes, where they are not allowed to meet the boy or their parents. The stay in the said special homes cannot be unduly prolonged as it virtually amounts to confinement, or detention. The girl, if mature, cannot and should not be denied her freedom and her wishes should not get negated as if she has no voice and her wishes are of no consequence. The Court while deciding, should also keep in mind that such marriages are voidable and the girl has the right to approach the Court under Section 3 of the PCM Act to get the marriage declared void till she attains the age of 20 years. Consummation of marriage may have its own consequences.

51. If the girl is more than 16 years, and the girl makes a statement that she went with her consent and the statement and consent is without any force, coercion or undue influence, the

statement could be accepted and Court will be within its power to quash the proceedings under Section 363 or 376 IPC. Here again no straight jacket formula can be applied. The Court has to be cautious, for the girl has right to get the marriage nullified under Section 3 of the PCM Act. Attending circumstances including the maturity and understanding of the girl, social background of girl, age of the girl and boy etc. have to be taken into consideration."

3. Counsel for the petitioner submits that as per the school leaving certificate, which has been provided by the respondents, the girl is more than 16 years.

4. Heard counsel for the parties. Having regard to the facts of this case and taking into consideration the law laid down in Court on its own Motion (Lajja Devi) (supra) which is fully applicable to the facts of the case and the stand taken by the parties, the present petition is allowed. Consequently, FIR No.295/2013 registered under Section 363 IPC at Police Station Jaitpur, Delhi and proceedings arising therefrom are quashed.

G.S.SISTANI, J OCTOBER 11, 2013 ssn