DIKSHA KUMARI Vs. STATE
LAWS(J&K)-2020-11-70
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 27,2020

Diksha Kumari Appellant
VERSUS
STATE Respondents

JUDGEMENT

SANJAY DHAR, J. - (1.)Through the medium of the instant petition, petitioners have challenged F.I.R No. 161/2018 for offence under Section 366 RPC. It has been urged by the petitioners that they have entered into a wedlock out of their own will and volition. It is further submitted that the petitioner No. 1 is a major and educated girl and she, out of love for petitioner No. 2 tied nuptial knot with him. Petitioners have placed on record copy of Nikah Nama and the marriage agreement.
(2.)On the aforesaid grounds, it is urged that the offence under Section 366 RPC is not made out against the petitioners.
(3.)Learned counsel for the respondent has placed on record copy of the statement of petitioner No. 1 recorded under Section 164-A Cr.PC by the Magistrate during investigation of the case. As per the said statement, petitioner No. 1 has clearly stated that she had accompanied petitioner No. 2 out of her own will and volition. She has further stated that she is living with petitioner No. 2 as his wife and that her husband is not at fault at all. As per her statement, age of the petitioner No. 1 is 21 years.
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