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| HC quashes proceeding of FIR lodged in inter-religious marriage | | | Early Times Report
Jammu, Sept 23- Quashing FIR lodged by the parents of the girl on November 23, 2008 in an inter-religious marriage to their disliking , Jammu and Kashmir High Court today observed that it is settled issue that when both boy and girl are major, they are free to take decision and to decide from themselves life-partner and to solemnize their marriage. Section 366 RPC is applicable only when the age of the girl is below 18 years, in view of the documentary proof placed on the record more particularly the certificate issued by the Board of doctors constituted for the purpose, age of prosecutrix is more than 18 years as on the alleged date of occurrence.
Justice Mohammed Yaqoob Mir, after hearing Advocate Sheikh Altaf Hussain appearing for the petitioners and Additional Advocate General JR Parihar for the state and others, held that it is true that the alleged prosecutrix normally should have respected the wishes of her parents but being a major she cannot be stopped from taking her own decision. The criminal proceedings lodged have an objective harassing the petitioners, which is not permissible. Under such circumstances, all that can be done by the parents, if they so chose, to resort to social boycott. The case registered u/s 366-A RPC, if not interfered with, will subject the petitioners to un-necessary mental agony and harassment. Continuance of the proceedings of the said FIR shall be totally to the disadvantage of the interest of the petitioners and shall be totally against the ends of justice. With these observations Court quashed the FIR 224/2008 registered with Police station Reasi. JNF
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