Rizwan v. State & Anr.

Delhi High Court · 21 Jul 2011 · 2011:DHC:10585
Suresh Kait
CRLM.C. 2260/2011
2011:DHC:10585
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR alleging kidnapping where the alleged victim was a consenting adult woman married to the petitioner, emphasizing the importance of consent and lawful marriage.

Full Text
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$-36 HIGH COURT OF DELHI
CRLM.C. 2260/2011
RIZWAN Petitioner Tlirougli: Mr. P.K. Srivastava, Adv.
VERSUS
STATE & ANR. Respondent Tiirough: I^lr. M.P. Singh, APP for State along with AS! Ashwani Kumar, P.S. Nabi
Karim.
Mr. Wazeem Ahmed, Adv for R-2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
21.07.2011 CRL. M.A.s 8225/2011& 8224/2011(Exemption)
Both the applications are allowed subject to all just exceptions. The applications stand disposed of.
CRL. M.C. 2260/2011
ORDER

1 FIR No. 180/2010 was lodged at the instance of the mother of respondent No. 2/Smt. Baby w/o Sh. Sunderlal at P.S. Nabi Karim on 26.12.2010. As per the allegations made in the said FIR, respondent No. 2 namely Renu, the daughter of complainant was missing from the house since 08.10.2010. On 23.10.2010, the complainant was called by police officials of Police Station Nabi Karim, where she found petitioner present in the P.S. where- she came to know that petitioner had kidnapped her daughter/respondent No.2 by enticing her from her residence without her consent. CRLM.C. 2260/2011 2011:DHC:10585

2 The petitioner has filed the instant petition for quashing the aforesaid FIR.

3 The Id. Counsel for the petitioner submits that, the petitioner has married respondent No. 2 Ms. Rehnuma (§) Renu d/o Sh. Sunderlal who is personally present in the court today and submits that she was neither enticed by the petitioner nor she was taken away by the petitioner without her consent. She further submits that on 09.05.2010, she and the petitioner first converted to Islam and thereafter they got married according to Muslim rites and ceremonies by way of Nikaah. She further submits that they are living peacefully and happily as husband and wife.

4 She further states that her parents are not happy with the marriage therefore, the aforesaid FIR has been registered against the petitioner.

5 The respondent No. 2 has placed on record, the date of birth certificate issued by New Delhi Municipal Council and wherein the date of birth of respondent is recorded as 14.04.1998, therefore, at the time of marriage, she had attained the age of majority i.e. ISyears.

6 Since the couple, i.e the petitioner and the respondent No. 2 are happily married to each other and as per the submissions of respondent No. 2, there was no enticing and taking her without consent, in the interest of justice, I quash the FIR No. 180/2010 registered at P.S. Nabi Karim. CRL.M.C. 2260/2011

7 Crl. M.C. 2260/2011 is allowed in the above ternns.

8 Dasti under the signatures of the Court Master.

SURESH KAITJ JULY 21, 2011 j