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| HC quashed FIR Lodged by the parent of the girl | | Inter-caste Marriage | | Jammu, August, 21: Justice JP Singh of J&K High Court Jammu Wing today after hearing the girl quashed FIR and all consequent proceedings taken by the police in this respect.
This Court order has been passed in a petition filed by Nidhi student of MCA who married with Bhanu Partap Singh and against whom a case of Kidnapping was registered by the parents of Nidhi, seeking quashment of the FIR. Court on August 10, 2006 has issued notice to the parents of the girl, who were present today and Court allowed them to access Nidhi. After having discussion with Mrs. Nidhi, the parents informed the Court that they do not want to prosecute the application, which had been moved for registration of a case against Bhanu Partap Singh and his family members.
Justice JP Singh after hearing parents of the girl, Nidhi and Bhanu Partap Singh appeared in person and AAG BS Salathia appearing for the police observed that Mrs. Nidhi has stated that she had married Bhanu Partap Singh out of her freewill and she was putting up with Bhanu Partap Singh in her matrimonial home and that she had not been compelled to enter into marriage by Bhanu Partap Singh. According to Mrs. Nidhi that she has neither been pressurized not harassed by anyone to enter in wedlock with Bhanu Partap Singh, she stated that her age is 22 years and is undergoing course in MCA in Punjab Technical University. Justice JP Singh further observed that in view of the statement of parents of the girl not to prosecute FIR and declaration of Mrs. Nidhi that she had married Bhanu Partap Singh out of her freewill and none pressurized, harassed or compelled her to enter into a wed-lock. Court find that continuance of proceedings in FIR No 82/2006 registered with P/S Janipur Jammu would an abuse of the process of law. The dispute was in fact a matrimonial dispute, which had arsine because of Nidhi’s decision to marry with Bhanu Partap Singh. Mrs. Nidhi being a major had every right to choose her partner and this decision of her would not give rise to the commission of any offence. With these observations Court quashed FIR 82/2006 along with all subsequent proceedings taken by the police in this respect. |
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