(Jagdish Singh Khehar and S.A. Bobde, JJ.)
Tabbassum Jahan & Anr. _________ Appellant(s)
v.
State of Uttarkhand & Ors. _________ Respondent(s)
Criminal Appeal No. 1275 of 2010, decided on March 18, 2015
The Order of the court was delivered by
Order
The appellants Tabbassum Jahan and Imran Chaudhari married on 07.12.2009 at Haldwani in District Nainital (Uttarakhand). It is the case of the appellants that consequent upon their marriage, the “nikhanama” (certification of marriage) was issued, and as such, their marriage had the sanction of law.
Respondent No. 3 – Mohd. Ali Saifi, the father of appellant No. 1, lodged an First Information Report, bearing No. 645/2009 at Police Station Kashipur, District Udham Singh Nagar. It was the assertion of respondent No. 3 (in the complaint), that his daughter was a minor on the date of her marriage, and that, she had been kidnapped by appellant No. 2 forcibly on 07.12.2009. Insofar as the “nikahnama” is concerned, the veracity of the same was contested, on account of the fact that it could not be accepted as legally valid, without the express consent of respondent No. 3, as Tabbassum Jahan was a minor, when she entered into the above-mentioned matrimonial alliance.
The appellants before this Court approached the High Court of Uttarakhand at Nainital (hereinafter referred to as ‘the High Court’) by filing a Writ Petition (Criminal) No. 1104 of 2009 wherein they sought quashing of the above First Information Report. Having taken into consideration the factual position presented before it, the High Court did not find any justification to quash the above-mentioned First Information Report. Appellant No. 2 -Imran Chaudhari i.e. the husband of appellant No. 1, was accordingly required to surrender before the trial court, and face trial. Liberty was however granted to appellant No. 2, to file a bail application consequent upon his surrender before the trial court.
The aforesaid order dated 18.12.2009 passed by the High Court, is a subject matter of challenge, at the hands of wife and husband mentioned hereinabove.
When the special leave petition came to be listed before this Court for the first time on 14.01.2010, the detention/arrest of the petitioner in connection with Kashipur PS Case No. 645 of 2009 dated 13.12.2009 under Section 364 of the I.P.C. was ordered to be stayed. Subsequently, on 16.07.2010, leave was granted and the interim order was directed to continue.
Appellant No. 1 – Tabbassum Jahan and appellant No. 2 -Imran Chaudhari are present in Court in person. Appellant No. 1 has been identified by the learned counsel representing the appellants. Appellant No. 1 has also identified respondent No. 3 – Mohd. Ali Saifi. Both of them affirm the factual position of their marriage, as has been disclosed in the foregoing paragraphs. During the course of hearing, respondent No. 3 – Mohd. Ali Saifi affirmed, that consequent upon the matrimonial alliance between appellant Nos. 1 and 2, they have been blessed with two children. He also affirms, that he has granted his consent and approval, to the marriage of appellant No. 1 to appellant No. 2.
In the above view of the matter, we are satisfied that in order to do complete justice in the matter, it would be just and appropriate to accept the prayer made in the petition, and to quash the First Information Report bearing No. 645/2009 dated 13.12.2009 registered at Police Station Kashipur, District Udham Singh Nagar, and also to set aside the order passed by the High Court dated 18.12.2009. Ordered accordingly.
The appeal stands allowed in the above terms.
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