Case Note & Summary
The High Court of Judicature at Bombay, Bench at Aurangabad, heard a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR for offences under Sections 363, 366 read with 34 of the Indian Penal Code. The applicants, Kiran @ Shailesh Pawar and Sunil Pawar, were accused of kidnapping a minor girl. The respondent no. 2, father of the victim, had lodged a report stating that on the night of 11.05.2017, his 17-year-old daughter went missing and CCTV footage showed her leaving with the applicants. The applicants contended that the victim and applicant no. 1 were in love; she voluntarily left home and later married applicant no. 1 after attaining majority at the age of 19. The marriage certificate was produced. Notice was served on the complainant, but he refused to accept it. The applicants argued that the victim was about to complete 18 years, she had voluntarily eloped, and continuing prosecution would disrupt their married life. The State opposed the quashing, submitting that the offence was serious and mere marriage did not absolve the accused. The court interacted with the victim, who confirmed she left on her own volition and had married the applicant. The court noted that the victim was 17 years and 10 months old at the time, old enough to understand the consequences of her actions. It observed that no force was used and the girl was not abducted against her will. Relying on the decision in Narinder Singh v. State of Punjab and an earlier Bombay High Court decision in Writ Petition No. 4168/2013, the court held that if prosecution continued, it would bring discord to the matrimonial relationship and would not likely end in conviction. Thus, exercising its inherent powers under Section 482 CrPC to prevent abuse of process and secure ends of justice, the court allowed the application and quashed the FIR C.R. No. 36/2017 registered at Pimpalner Police Station.
Headnote
A) Criminal Procedure - Inherent Powers - Quashing of FIR - Criminal Procedure Code, 1973, Section 482; Indian Penal Code, 1860, Sections 363, 366, 34 - Where a 17-year-10-month-old girl voluntarily left her home with the accused, her father lodged an FIR for kidnapping, and the girl later married the accused after attaining majority, the High Court held that continuing the prosecution would cause matrimonial discord, no fruitful purpose would be served, and that the FIR deserved to be quashed under Section 482 CrPC to prevent abuse of process of law. Held, FIR quashed. (Paras 6-9).
Issue of Consideration
Whether FIR under Sections 363, 366/34 IPC should be quashed under Section 482 CrPC considering the victim was about 17 years 10 months old, had eloped voluntarily with the applicant, and later married him after attaining majority.
Final Decision
Criminal application allowed. FIR bearing C.R. No. 36/2017 registered at Pimpalner Police Station for offences under Sections 363, 366 read with 34 IPC quashed and set aside.
Law Points
- Inherent powers under Section 482 CrPC can be exercised to quash FIR in kidnapping/abduction case where minor victim voluntarily eloped and later married accused
- to prevent abuse of process and secure ends of justice
- relying on Narinder Singh v. State of Punjab (2014) and Bombay High Court precedent.
