Jharkhand High Court
Md. Sonu @ Sonu vs The State Of Jharkhand on 25 November, 2022
1 Cr.M.P. No. 1171 of 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1171 of 2022
Md. Sonu @ Sonu, age 24 years, S/o Samim Ahamad, R/o Village-
Makhar, Akbarpur, Nawada, Makhar, P.O. & P.S. Makhar, Distt.-Nawada,
State- Bihar ... Petitioner
-Versus-
1. The State of Jharkhand
2. Afreen Ayesha, represented through father Md. Wasim, S/o Md.
Nasim, age 15 years around, Islam Nagar, M.P. Road, Near Toti Hotal,
P.O. Jugsalai, P.S. Jugsalai, Dist.- East Singhbhum
3. Md. Wasim, age 42 years, S/o Md. Nasim, R/o Islam Nagar, M.P. Road,
Near Toti Hotal, P.O. Jugsalai, P.S. Jugsalai, Dist.- East Singhbhum
... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Anuj Kumar Trivedi, Advocate
Mr. Prem Mardi, Advocate
Mr. Abdullah Umar, Advocate
For Opposite Party No.2 : Ms. Saman Ahmad, Advocate
For Opposite Party No.3 : Mr. Zaid Imam, Advocate
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05/25.11.2022. Heard Mr. Anuj Kumar Trivedi, learned counsel for the petitioner,
Ms. Saman Ahmad, learned counsel for opposite party no.2 and Mr. Zaid
Imam, learned counsel for opposite party no.3.
2. This petition has been filed for quashing the entire criminal
proceeding in connection with Jugsalai P.S. Case No.07 of 2022 registered
under Section 366-A and 120-B of the Indian Penal Code, pending in the
court of the learned Judicial Magistrate, 1st Class-VIII, Jamshedpur.
3. Learned counsel for the petitioner submits that opposite party no.3 is
the father of girl i.e. opposite party no.2 and under misconception, he has
lodged the FIR alleging that his daughter is missing. He further submits that
good sense has prevailed between the parties and marriage of petitioner
along with opposite party no.2 has been accepted and Nikahnama
contained in Annexure-2 of the supplementary affidavit filed on behalf of
the petitioner, has been brought on record.
4. Learned counsel for opposite party no.2 submits that marriage has
been solemnized and both the families have accepted the marriage and in
that view of the matter, entire criminal proceeding may be quashed.
5. Learned counsel for opposite party no.3, who is father of opposite
party no.2 submits that the counter affidavit has been filed on behalf of
opposite party no.3, wherein, it has been disclosed in paragraph 8 that her
daughter has found a right match by Allah grace and there is no other
perfect match than the petitioner and he and his wife with open hearts
accepts the petitioner as son-in-law.
6. Learned counsel for the petitioner submits that in Muslim law puberty
and majority are one and the same and that there is a presumption that a
person attains majority at the age of 15 years. It is further contented that a
Muslim boy or Muslim girl who has attained puberty is at liberty to marry
any one he or she likes and the guardian has no right to interfere.
7. In Yunus Khan v. State of Haryana & ors.; [2014(3) RCR
(Criminal) 518], it has been noted that the marriage of a Muslim
girl is governed by the personal law of the Muslims. Article 195
from the book 'Principles of Mohammedan Law by Sir Dinshah
Fardunji Mulla' has also been reproduced in the said decision which Article
reads as under:
"195. Capacity for marriage - (1) Every Mahomedan of
sound mind, who has attained puberty, may enter into a
contract of marriage.
(2) Lunatics and minors who have not attained puberty may
be validly contracted in marriage by their respective
guardians.
(3) A marriage of a Mahomedan who is sound mind and has
attained puberty, is void, if it is brought about without his
consent.
Explanation - Puberty is presumed, in the absence of
evidence, on completion of the age of fifteen years."
8. In view of this judgment, is clear that the marriage of a Muslim girl is
governed by the Muslim Personal Law. As per Article 195 from the book
'Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla', the opposite
party no.2 is approximately 15 years of age was competent to enter into a
contract of marriage with a person of her choice. The petitioner is stated to
be more than 24 years of age. Thus, both the petitioner and opposite party
no.2 attained marriageable age as defined by Muslim Personal Law. Article
21 of the Constitution of India provides for protection of life and personal
liberty and further lays down that no person shall be deprived of his or her
life and personal liberty except as per the procedure established by law.
9. In view of the above facts and considering the submissions of the
learned counsel appearing for the parties as well as the document as well as
Nikahnama and the contention of father of the girl (opposite party no.3) as
well as of the girl (opposite party no.2) and also considering the judgment
passed in Yunus Khan (supra), to allow to continue the proceedings will
amount to abuse of process of law. Accordingly, the entire criminal
proceeding in connection with Jugsalai P.S. Case No.07 of 2022, pending in
the court of the learned Judicial Magistrate, 1 st Class-VIII, Jamshedpur is,
hereby, quashed.
10. Accordingly, this petition stands allowed and disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
