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Early Times Report
Jammu, Mar 22: Justice JP Singh of J&K High Court in a petition filed by Manoj Kumar and six others seeking quashment of FIR 12/2008 P/S Thathri, in which the father of Anju Devi wife of Manoj Kumar petitioner have been kidnapped by Manoj Kumar in connivance with the parents and other family members of the, has allowed the petition and quashed the FIR12/2008 of P/S Thathri u/s 366/109 RPC.
It has been submitted that Manoj Kumar and Anju Devi both residents of Village Andarala Tehsil Thathri District Doda, being major requested Gulab Chand father of Anju Devi to permit them to enter into a wed-lock, but Anju Devi's father, however, did not accept their proposal. Both dissatisfied and came to Jammu, solemnized marriage at Arya Smaj Mandir Jammu on March 4, 2008 in accordance with Hindu religious rites. Father of Anju Devi lodged a complaint with police indicating that his daughter had been kidnapped by the Manoj Kumar in connivance with other accused persons.
Petitioners have filed this petition u/s 561-A CrPC through Adv ML Gupta seeking quashment of the FIR on the basis that they being major and in love with each other. It is interesting that Manoj Kumar & Anju Devi have appeared in Court along with their child who was born out the wed-lock, refuting the allegations made in the FIR and submitted that both are leading a happy married life after entering into a valid wedlock out of their free will whereas Anju Devi submitted that the allegations made by her father in the FIR were incorrect, she was not kidnapped by any of the petitioners and had solemnized marriage with Manoj Kumar out of her own free will.
Justice JP Singh after considering the submissions of the counsel appearing for the petitioner, Adv ML Gupta and also Deputy AG BR Chandan appearing for the state respondents observed that in view of the statement made by the Anju Devi the state counsel had nothing to say to support the investigating into the FIR as the only witness who could have supported it, she had denied emphatically the allegations appearing in the FIR. In view of the documents placed on the record and the submissions made by Anju Devi and her husband Manoj Kumar have made in the open court, it is proved that petitioners had married out of their free will and child too is born out of wedlock. In these circumstances Court allowed the petitioner and quashed the FIR 12/2008 P/S Thathri u/s 366/109 RPC. -----JNF
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