Runaway marriage

Normally FIRs are not quashed; however, in the cases where it is found that a sui juris lady contracted Nikah with her free consent and FIR has been registered against such couple on account of revenge, then such like FIRs ought to be quashed in order to secure the ends of justice because marriage is a civil contract and every Muslim of sound mind, who has attained puberty, can enter into contract of marriage and according to the Injunctions of Islam, the consent of adult sane couple is sufficient for proving a valid Nikah and according to principle of Islamic Law the presumption of valid marriage can be ascertained from the fact of acknowledgment by a man or a woman as husband and wife; however, it is void only when it is solemnized without his/her consent.

Offences alleged in the FIR were not made out against them and the continuance of investigation by the police and dragging the petitioners in the court would be a futile exercise, which would amount to unnecessary harassment to the petitioners

Writ petition was accepted and the FIR was quashed.

Daughter of complainant appeared before the court and stated that she being sui juris had contracted marriage with the petitioner with her free will and that nobody had abducted her

Complainant stated that her daughter had contracted nikah, therefore, she had effected compromise and did not want to proceed further in the FIR lodged by her

Constitutional petition was accepted and the FIR was quashed.

Petitioner claimed that his daughter-in-law had contracted marriage of her free will with his son therefore she might be given protection

Respondents (relatives of the daughter-in-law of petitioner) claimed that she was earlier married

Article 35 of the Constitution guaranteed protection to the family and ensured that no unwarranted exposure would be made to such a holy alliance created between two individuals

Respondents could approach the civil court for redressal of their grievances

Petitioner's daughter-in-law had made a statement before the court that she wanted to go with her husband and the petitioner

Constitutional petition was disposed of with direction to the police not to cause harassment and not to arrest anyone on the allegation that the lady had been abducted by the petitioner's son.

According to F.I.R. on the day of incident alleged victim left home to attend her tuition academy but she never attended any class, however in her statement under S. 161, Cr.P.C , alleged victim adopted a different version and stated that on the day of incident she did attend three lectures at the academy

Before leaving home alleged victim took with her gold ornaments, prize-bonds, cash and other valuables

Alleged victim had also filed a private complaint against her father and other relatives, wherein she appeared before the Magistrate and deposed that she had contracted marriage with the accused of her own accord

Copy of Nikahnama was available on record which revealed that it was a runaway marriage

Alleged victim after rejoining her family took a u-turn and implicated accused for misleading her into leaving her house and subjected her to rape before and after the Nikah

Although alleged victim had obtained a decree from Family Court in a suit filed by her for jactitation of marriage, but appeal against said decree was still pending adjudication

Question as to whether accused violated the alleged victim forcibly or enjoyed sex with her in a lawful manner could only be resolved at trial

Offence alleged did not fall within the prohibitory clause of S.497(1), Cr.P.C.

Present case was one of further probe into guilt of accused-Accused was admitted to bail in circumstances.