1 Cri.Appln.No.230/2006 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.230/2006. Md. Marefatullah Ajmatullah Khan Age: 25 Yrs. Occ. Education, r/o Thofkhana, Hingoli, Tq. and Dist. Hingoli. - APPLICANT VERSUS 1) The State of Maharashtra. 2) Smt. Kashibai Manikrao Pawar, Age: 45 Yrs., occu. Household, r/o Yashwant Nagar, Hingoli, Tq. And District Hingoli. - RESPONDENTS ***** Mr.Sk. Ashpak Taher Patel, Adv.for Applicant; Mr.PP More, APP for State. Mr.Gopal C.Navandar, Adv. For Resp.No.2. Mr.US Patil, Adv. To assit APP. ----- CORAM : K.U.CHANDIWAL, J. DATE : 13th June, 2011. ORAL JUDGMENT: 1) Heard the learned Counsel for the respective parties. 2) Mother lodged F.I.R. That her daughter, aged 19 years was kidnapped. Based on such F.I.R., prosecution was initiated against the 2 Cri.Appln.No.230/2006 accused/applicant. 3) The prosecutrix indeed has married to the accused/applicant. She is present in the court, sought intervention through counsel. She confirmed that she has subsisting matrimonial ties with the accused/applicant and she is residing happily. 4) Considering the ingredients of Section 363 of IPC with definition of Section 361 of IPC, it is obvious, at the time of lodging the F.I.R., the prosecutrix/the victim was major and capable to take decision herself. She has voluntarily, without any godding, instigation or promise, moved out of the parental umbrella. Whatever was the controversy or ill-feelings developed by the mother, however, that will not amount to infraction of Section 363 of IPC. Consequently, the prosecution initiated by the complainant is quashed. Criminal Application No.230 of 2006 is allowed as above. sd/- ( K.U.CHANDIWAL ) JUDGE bdv/ Authenticated copy (BD VADNERE,PS)