1 App177_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 177 OF 2011 Mr. Ashish Shamkumar Shah and others ... Applicants Versus State of Maharashtra and another ... Respondents Ms Pranali Kakade i/b. Mr. S. Hulyalkar for Applicants. Mr. Nakhwa, APP for the State. Mr. Purandare for Respondent No. 2. CORAM : B.R. GAVAI, J. WEDNESDAY, JUNE 08, 2011 P. C. : Rule. Rule made returnable forthwith. Heard by consent. 2. Applicants have filed the present application praying for quashing and setting aside C.R. No. 7 of 2011 registered with Otur Police Station, Pune under Sections 366, 420, 468, 469, 506, 34 of the Indian Penal Code on the basis of a complaint filed by the respondent No. 2. 3. The F.I.R. to be came registered at the instance of respondent No. 2 alleging therein that the complainant was acquainted with the applicant No. 1 while she used to go to the hospital from her home. It is alleged that the accused No. 1 had obtained certain signatures on the blank papers on the pretext that the same were required for starting the business. It is further alleged that, subsequently, the accused No. 1 told the complainant that an affidavit would be required to 2 App177_11 be sworn by her for the same purpose. It is alleged that under the said pretext, the complainant was taken to Pune in some office. It is alleged that in the said office, the complainant was made to sign some documents so also the accused No. 1 and his friends signed some documents. It is submitted that, subsequently, it was realized that the said document was pertaining to registration of marriage. It is alleged in the F.I.R. that realizing the same, she informed about the same to her parents and lodged the F.I.R. 4. An affidavit has been filed by the respondent No. 2 stating therein that she was having love relationship with the applicant No. 1 for last seven years. It is stated by her that since her parents were not giving consent for their marriage, she entered into the registered marriage with the applicant No. 1. out of her sweet-will without any force, coercion and inducement. It is stated that the complaint in question came to be lodged by her at the instance of her parents who were not happy with the marriage. It is however, stated by her in the affidavit that she wants to reside with her husband and was not interested in continuing with the criminal complaint. 5. The respondent No. 2 and the applicant No. 1 are personally present in the Court. Respondent No. 2 reiterates what has been stated by her in her affidavit. From the record, it can be seen that on the date of the alleged incident, the respondent No. 2 - complainant was 22 years old. It can, thus, be seen that she was competent to perform marriage as per her will. It appears that the F.I.R. in question came to be lodged on account of insistence of parents of respondent No. 2. Both applicant No. 1 and respondent No. 2 reiterate that they are happily married and cohabiting together as husband and wife. 3 App177_11 6. In that view of the matter, I find that no purpose would be served in continuing the criminal proceedings. The criminal proceedings, in my view, need to be quashed in view of the judgment of the Apex Court in the case of Madan Mohan Abbot Vs. State of Punjab reported in (2008) 4 SCC page 582. 7. Rule is, therefore, made absolute in terms of prayer clause (a). (B. R. GAVAI, J)