IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1001 of 2009 1. SMT. SHAHEEN @ PALLAWI W/O ASIF ISRAI, D/O SUSHIL KUMAR ROY R/O HOUSE NO. 117, GALI NO. 5, NEHRU GALI, CHANDAN VIHAR, SANT NAGAR, BURARI, DELHI, PERMANENT ADDRESS- QTR.NO. D-38, SHERPUR GANDAK COLONY, P.S. MUZAFFARPUR (SADAR), DISTT. MUZAFFARPUR 2. ASIF ISRAIL S/O MOHD. ISRAI R/O HOUSE NO. 117, GALI NO. 5, NEHRU GALI, CHANDAN VIHAR, SANT NAGAR, BURARI, DELHI, PERMANENT ADDRESS- R/O MOH- AADPURA, POKHARIA PEER, P.S., DISTT. MUZAFFARPUR …….PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR GENERAL OF POLICE BIHAR, PATNA 3. THE INSPECTOR GENERAL OF POLICE TIRHUT RANGE, MUZAFFARPUR 4. THE D.I.G. TIRHUT RANGE, MUZAFFARPUR 5. THE SUPERINTENDENT OF POLICE DISTT. MUZAFFARPUR 6. THE DEPUTY SUPERINTENDENT OF POLICE MUZAFFARPUR (SADAR), DISTT. MUZAFFARPUR 7. THE OFFICER-IN-CHARGE SADAR POLICE STATION, MUZAFFARPUR, DISTT. MUZAFFARPUR 8. SUSHIL KUMAR ROY S/O LATE JAGDISH ROY QTR. NO. D-38, SHERPUR GANDAK COLONY, P.S. MUZAFFARPUR SADAR, DISTT. MUZAFFARPUR 9. SMT. NEELAM DEVI W/O MR. SUSHIL KUMAR ROY QTR. NO. D-38, SHERPUR GANDAK COLONY, DISTT. MUZAFFARPUR …….RESPONDENTS ----------- 02. 22.12.2009 Petitioner No. 1 is Smt. Pallawi now Shaheen who claims to be the daughter of Sushil Kumar Rai and Petitioner No. 2 is Asif Israil son of Md. Israil. They are both permanent resident of Muzaffarpur and both are adults. First Investigation Report was lodged giving rise to Muzaffarpur(sadar) P.S. Case No. 231/2009 dated 28th of September, 2009 instituted under Sections 365/366 of the Indian Penal Code by the father of petitioner No. 1 inter alia alleging that he had gone to college for Post Graduate - 2 - admission of petitioner No. 1 from where she went a miss. Later on, on his mobile he received a call stating that she was in the custody of Asif Israil, petitioner No. 2. He apprehended that she has been abducted. The two petitioners one who is said to be the abductor and the other who is the victim are before this Court for quashing a criminal proceeding on ground that they are adults, they have a right to take decision of their future and they have so decided to get married but this has created a lot of resentments among parents of petitioner No. 1. At their instance petitioners are being harassed and the case is totally false. If facts as stated above that two petitioners are adults is correct and further if they have out of their on free will married then there can not be any case much less the present case and investigation must stop for there is no offence at all committed and police has no case to investigate. But this Court in these proceedings is not competent or equiped to decide this issue. It would be better if both the parties i.e. petitioner Nos. 1 and 2 appear before the Superintendent of Police, Muzaffarpur with proper identification and if Superintendent of Police is satisfied that petitioners are who they claim to be then he would immediately direct for closure of the case and stopping of any further investigation. - 3 - In that view of the matter, I direct the two petitioners to make an application to the Superintendent of Police in writing calling upon him to fix a date for their appearance before him. The Superintendent of Police would also ensure that the parents of petitioner No. 1 are also made to appear before him on the said date so that the parties can be identified. Once the petitioners appear, the Superintendent of Police would satisfy himself about their age and their intentions and if it is found that they are adults and have their own free will eloped and married, he would stop further investigation in the matter. While fixing the date, he would also ensure that proper protection is given to the petitioners for their safety because they apprehend bodily harm otherwise. Let petitioners make proper application along with a copy of order of this Court to the Superintendent of Police who would act in accordance with the directions as contained herein. In the meantime, it is directed that no coercive steps would be taken against either of the petitioner in the case aforesaid. Let a copy of this order be given to the State counsel to be sent the Superintendent of Police, Muzaffarpur, who would take steps to inform the parents of petitioner No.1 accordingly and proceed as indicated above. - 4 - With these observations and directions the writ petition stands disposed of. Shageer (Navaniti Prasad Singh, J)