Crl.Pet. 63/2016. Gauhati High Court
| Case Number | Crl.Pet. 63/2016 |
| Judgement Date | July 13, 2019 |
| Court | Gauhati High Court |
Crl. Pet. No. 63 of 2016
BEFORE
HON’BLE MR. JUSTI CE MANASH RANJAN PATHAK
13.07.2017
Heard Mr. Bapan Choudhury, learned counsel for the petitioners and Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the State respondent No. 1. Also heard Mr. KLR Yangthan, learned counsel for the respondent No. 2.
The petitioner No. 1 and the respondent No. 2 had a love affair and they eloped on 13.07.2015. The petitioner No. 2, the mother of respondent No. 2 on
13.07.2015 itself lodged an FI R before the Officer-in-Charge of Basistha Police Station alleging that the petitioner No. 1 might have kidnapped her daughter/ respondent No. 2, whom she allegedly claimed to be a minor. Accordingly, Basistha PS Case No. 797/ 2015 under section 366(A) I PC was registered. The Court of learned Additional Sessions Judge No. 2., Kamrup (M), Guwahati by its order dated 19.10.2015 passed in B.A. No. 796/ 2015, granted pre-arrest bail to the petitioner No. 1. As police recovered the victim girl from possession of the petitioner No. 1, he was arrested by Basistha Police on 26.11.2015 in connection with said Basistha PS Case No. 797/ 2015 and later by order dated 15.12.2015 passed in BA No. 1808/ 2015, this Court granted him bail.
I n the meanwhile, the petitioner No. 1 got married to the respondent No. 2 and it is submitted by the petitioner No. 1 that as per the birth certificate issued by the Health Department of the State, the date of birth of the respondent No. 2 is 04.02.1997 and on the date of lodging the said FI R on 13.7.2015, she was more than 18 years old.
The petitioner No.2/ the informant of said Basistha PS Case No. 797/ 2015 and the mother of the respondent No. 2 on 09.12.2015 sworn an affidavit stating that her daughter/ respondent No. 2 had willingly gone with the petitioner No. 1 and got married to him and that due to misunderstanding, she lodged the FI R pertaining to said Basistha PS Case No. 797/ 2015 and that since her daughter
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expressed that she loves the petitioner No. 1 and wants to live with him as husband and wife, to which she does not have any objection, the petitioner No.2 in the said affidavit stated that for the purpose of amicable settlement between her, the informant and the petitioner No. 1, the alleged accused; she does not want to pursue with said Basistha PS Case No. 797/ 2015 any further. The petitioner No. 2 also submitted that she has no objection if this Court quashes the...
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