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| HC stays proceedings in inter-religion marriage case | | |
JAMMU, MAY 22
Justice Virender Singh of Jammu and Kashmir High Court, Jammu wing, has stayed the proceedings qua the petitioner till further orders. Court in a petition u/s 561-A Cr PC filed by one Pawan Kumar alias Binu through Advocate JP Gandhi for quashing the FIR NO 98/2006 registered in P/S Pacca Danga Jammu against the petitioner in an offence u/s 366 RPC.
Justice Virender Singh, after hearing Advocate JP Gandhi appearing for the petitioner and Additional Advocate General Mr. BS Salathia appearing for the respondent State, observed that Adv Gandhi stated that allegedly abducted girl, who is daughter of complainant, has been identified by the petitioner, present in the Court. She wants to tender her affidavit stating therein that she got married to the petitioner on her free-will, the investigating agency has not got her statement recorded in this regard u/s 164 of Cr PC. However, keeping the totality of the facts and circumstances of the case, it is most desirable that the further proceedings qua the petitioner are stayed till further orders.
According to the petition it has been submitted that the petitioner and daughter of the complainant known to each-other since long. Girl made a proposal to the petitioner to solemnize the marriage and it was voluntarily stated that she will change her religion before solemnization of marriage. Accordingly she changed her religion and was named as Sonia. After changing the religion with her free-will, consent and without any pressure executed, a marriage agreement was made on June 9, 2006 and marriage solemnized at Arya Samaj Temple on June 26, 2006. It was further submitted that the girl was of 20 years of age as per her date of birth on the day of execution of the marriage agreement and on the day of solemnization of marriage. The officials of the Arya Smaj Temple also issued a marriage certificate and on the said certificate the petitioner and Sonia have also put their signatures. The father of the girl who is having inimical terms with the petitioner lodged a FIR on June 20, 2006 against the petitioner in P/S Pacca Danga Jammu in an offence u/s 366 RPC and the police harassed the petitioner as well as his family members on the basis of false FIR registered against the petitioner. The said girl on being knowing that a FIR has been registered against her husband appeared before the First Class Judicial Magistrate Kathua for making her statement u/s 164 Cr PC. The Judicial Magistrate Kathua recorded the statement of the girl u/s 164 Cr PC. In her statement has had specifically stated that she had solemnized marriage with the petitioner out of her free-will and has been residing with him without any sought of pressure. In the statement it has been categorically stated that the petitioner has not committed any offence and a false case was registered to implicate her husband.
Court, after hearing both the sides, stayed further proceedings against the petitioner.
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