HC recognises marriage, quashes FIR

New Delhi, Apr 30 (UNI) Taking a lenient view, the Delhi High Court today quashed the criminal complaint against a person, who was charged with kidnapping the daughter of a Delhi Police personnel and marrying her about three years ago at his native place in Bihar.

Justice A K Sikri ordered for the quashing of the FIR against Rahmete Azam, who had lawfully married one Rukshana in Patna.

''I am of the view that no useful purpose would be served in continuing with the proceedings. Therefore, the proceedings arising out of the FIR in question are quashed,'' said the Judge while passing the order on the petition of Rukshana.

Rukshana's father Zulfiquar Ahmed of Mongalpuri lodged a complaint with the police on December 28, 2004 that his 16 year-old daughter had been kidnapped by his neighbour Rahmete while going to attend a tuition class.

Both Rukshana and Rahmete fled to Badodara from New Delhi and from there to Bihar.

The marriage was solemnised before Quazi Khanka Umadiya Mangal Talab in Patna on May 6, 2005.

Making it a point not to ruin their conjugal life, the court observed, ''After the marriage, they have been living together as husband and wife and from the wedlock they have also been blessed with a male child.'' Rukshana, the petitioner, had produced her school leaving certificate which mentioned that she was 16 years and six months at the time of marriage.

She had also submitted before the court that she had fled with Rahmete on her own will and she had given consent to her marriage.

Citing Section 361 of the CrPC, the court said both the girl and boy were above 16 year-old and 18 year-old and could not be prosecuted for the offence lodged in the criminal complaint.

UNI