Decided on April 30,2007

Rukshana And Anr. Appellant
Govt Of Nct Of Delhi And Ors. Respondents


A.K.SIKRI, J. - (1.) ZULFIQUAR Ahmad got an FIR registered against the petitioner No. 2 under Sections 363, 366A, 368 and 120B IPC with police station Mangolpuri, Delhi. The allegations contained in the said FIR are as under : "On 28.12.2004, the petitioner No. 1 namely Rukshana aged about 16 years D/o Zulfiquar Ahmed who is posted in Delhi Police as a Head Constable, had gone for tuition at Y-Block, Mangolpuri at about 3.00 p.m. but she did not return. It is also alleged that the father of the petitioner No. 1 himself enquiring about his daughter and suspected that his daughter has been enticed away by Rahamate Azam @ Taunna i.e. the petitioner No. 2 s/o Sh. Sheikh Abid R/o Village Jogiya Deeh, P.S. Ram Nagar, West Champaran, Bihar, who was living as a tenant in house No. Y-723, Mangolpuri, Delhi. It is also alleged that the prosecutrix's age is 16 years."
(2.) THUS as per the allegations in the FIR, Rukshana, daughter of the complainant, had been enticed away by petitioner No. 2 and case of kidnapping of Rukshana by Rahamate Azam is lodged. After lodging of the aforesaid FIR on 29.12.2004. Mohd. Alam @ Munna, elder brother of accused Rahamate Azam was arrested from his native village in Bihar on 12.5.2005 and was produced before the learned M.M. Tis Hazari Courts on 14.5.2005. He was sent to judicial custody and ultimately was granted bail by this Court on 12.7.2005. In the meanwhile, charge-sheet had been filed, after investigation, on 9.7.2005. Two other persons namely, Hasmuddin and Kamrul were granted anticipatory bail by the Court of Additional Sessions Judge, Tis Hazari Courts, on 14.7.2005. However, main accused Rahamate Azam could not be arrested and was untraceable and ultimately he was declared proclaimed offender by the trial court on 26.9.2005. Police thereafter filed supplementary charge-sheet on 13.10.2005 in the Court of M.M. Delhi, and ultimately the case was committed to the Court of learned ASJ, Rohini, Delhi on 23.1.2006. It is now coming up for arguments on framing of charge on 30.11.2006. At this stage, present petition is filed by the main accused Rahamate Azam as petitioner No. 2 for quashing of the proceedings under the aforesaid FIR. Rukshana has joined as petitioner No. 1 in this petition. It is stated that petitioner No. 2 had not kidnapped or lured the petitioner No. 1 and in fact both the petitioners married and marriage between them was solemnized before Quazi Khanka Umadiya Mangal Talab, Patna, Bihar on 6.5.2005 and they have been living together as husband and wife. It is stated that petitioner No. 1 had herself requested the petitioner No. 2 to run away from the protection of her parents and decided to marry with the petitioner No. 2 of her own accord and without any coercion. They went to Barodara by train and resided there due to fear of the police as well as fear of the complainant who is also in Delhi Police. After solemnization of marriage on 6.5.2005, they have been living together as husband and wife and from the said wedlock they have also been blessed with it male child. It is also alleged that petitioner No. 2 had never received any notice from the Court and due to this reason he could not present himself before the police or the Court. According to the averments made in the petition, petitioner No. 1 is major and has married the petitioner No. 2 with her free will and accord and, therefore, no offence of kidnapping is committed by petitioner No. 1.
(3.) PETITIONER No. 1, at the time of arguments, appeared and confirmed the averments made in the petition including those to the effect that she had run away with the petitioner No. 2 of her own accord and without coercion and willingly married the petitioner No. 2. In this factual matrix, the question for determination is as to whether, any offence of which the petitioner No. 2 is implicated has been made out.;

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