In a petition under Section 482 Cr.P.C. seeking protection and security, the Court found that the underlying FIR regarding child marriage was cancelled because ossification tests established the victim was an adult. Consequently, the petition was disposed of without further orders.
No further order required; petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Criminal Misc. No. M-20746 of 2010
--1--
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-20746 of 2010 Date of decision:- 14.2.2011
Aman Kumar and another
...Petitioners
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present:Mr. Gautam Kaile, Advocate for Mr. Rajiv Sharma, Advocate for the petitioners.
Mr. P.S. Virk, DAG Haryana for respondent Nos.1 to 3.
Mr. Vijay Lath, Advocate for respondent No.4.
RITU BAHRI J.(Oral)
This petition under Section 482 Cr.P.C. is for issuing direction to respondent Nos.1 to 3 to protect life and liberty of the petitioners and for providing security to them.
On notice, reply has been filed on behalf of State by Mr. Naveen Kumar Sehgal, Assistant Commissioner of Police, Sarai, Faridabad. As per reply, an FIR bearing No. 306 dated 23.7.2010 under Section 366 IPC read with Section 34 IPC had been registered by father of the girl at Police Station Sarai Khawaja against petitioners. After due investigation, it was found that petitioner No.2 got married with petitioner No.1 at her own sweet will and her date of birth is 01.01.1990. The FIR had been cancelled vide order dated 06.8.2010. The ossification test/certificate dated 27.6.2010 of petitioner No.2 has been obtained by local police, in which petitioner No.2 has been declared major and hence, the
Criminal Misc. No. M-20746 of 2010
--2--
FIR was cancelled.
In view of reply filed on behalf of State and in view of the fact that petitioner No.2 is major, no further order is required to be passed in this petition.
The petition is disposed of accordingly.
February 14, 2011 Vijay Asija
( RITU BAHRI ) JUDGE
3 issues framed by the court
Whether further orders are required in a Section 482 Cr.P.C. petition for protection of life and liberty where the FIR was cancelled due to the victim being a major.
Whether an ossification test declaring the victim a major precludes the need for judicial intervention in a child marriage FIR.
Whether the High Court should intervene under Section 482 Cr.P.C. when the State has acknowledged the cancellation of the FIR.
1 provisions across 1 enactments
Aman Kumar and another
State of Haryana
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
