Crl. Misc. No. M-21451 of 2009 .... Jeewan Kumar Versus State of Haryana and others. .... Present: Shri Pawan Kumar Hooda, Advocate for the petitioner. Mrs.Sushma Chopra, Addl.Advocate General, Haryana for the respondents. .... This is a petition under Section 482 of the Code of Criminal Procedure,1973 for issuance of appropriate directions to the respondents to release Reena, wife of the petitioner and daughter of Rishi Pal, who is presently confined in Nari Niketan, Karnal. The facts of the instant case are peculiar in nature. The petitioner has stated that he was married to Reena daughter of Rishi Pal, resident of Village Khukhni, Police Station, Indri, District Karnal which was against the parental consent. As a result of this grievance, F.I.R.No. 151 dated 21.6.2007 under Sections 363, 366-A, 376, 506 of the I.P.C. was registered against the petitioner. The prosecutrix when examined in the trial Court, did not support the prosecution case and stated that she had an affair with the petitioner. However, he was sentenced under Section 363 of the I.P.C. to undergo rigorous imprisonment for three and half years and to pay a fine of Rs.1000/-. On appeal, the sentence has been reduced to two years, which he has already undergone and has come out of the jail. The prosecutrix, in the meanwhile, was sent to Nari Niketan, Karnal. She has become a major by now. The petitioner has pleaded that since Reena has become a major and he has already undergone the period of sentence, and further that she is Crl. Misc. No. M-21451 of 2009 .... -2- still willing and ready to live with him as his wife, her custody be granted to him and she be released from confinement of Nari Niketan Karnal. Pursuant to the directions issued by this Court, Reena is present. She has stated unequivocally before the Court that she has married with the petitioner and wishes to reside with him as his wife. Her statement to that effect has also been recorded separately. In view of the above and keeping in view the observations of the Supreme Court in Fiaz Ahmed Ahanger & Ors. Versus State of J.& K., 2009(3) Recent Apex Judgments 692 (S.C.) that once a girl is above eighteen years, it is her choice with whom to live with and whom to marry with, this petition is accepted and it is direct that Reena be released from Nari Niketan, Karnal forthwith. She will not go back to the said institution and will go with the petitioner from the Court itself. This order be communicated to Nari Niketan, Karnal for completing remaining formalities, if any. September 11,2009 ( Mahesh Grover ) “SCM” Judge Crl. Misc. No. M-21451 of 2009 .... Statement of Ms.Reena daughter of Sh.Rishi Pal, wife of Shri Jiwan Ram, aged years, R/O presently lodged in Nari Niketan, Karnal. ......W/o Since I had love affairs with the petitioner, I had married with him in the year 2007, but as I was minor at that time, the petitioner was arrested in case arising out of F.I.R.No. 151 dated 21.6.2007 registered at Police Station, Indri under Sections 363, 366-A, 376, 506 of the I.P.C. on the basis of the statement made by my father. At the trial, I had stated this fact, but the petitioner was convicted and sentenced under Section 363 of the I.P.C. only to undergo rigorous imprisonment for three years and six months and to pay fine of Rs.1000/- by the trial Court and was acquitted of the other charges. On appeal, the sentence of the petitioner has been reduced to two years which he has already undergone and has come out of jail now. I am lodged in Nari Niketan and I want to live with the petitioner as his wife out of my own free will. R.O.&A.C. ( Mahesh Grover ) Judge 11.9.2009