IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.423 of 2009 SUPRIYAM KUMARI, D/O RADHEY SHYAM RAI, AND WIFE OF MITHLESH KUMAR, R/O VILLAGE-SIHI, P.S.-HASANPUR, DISTRICT-SAMASTIPUR. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE OFFICER-IN-CHARGE OF P.S.-HASANPUR, DISTRICT-SAMASTIPUR. 3. THE SUPERINTENDENT OF POLICE, SAMASTIPUR. 4. RADHEY SHYAM RAI, S/O LATE BAM BAHADUR RAI, R/O VILLAGE-SAKARPUR, P.S.-HASANPUR, DISTRICT-SAMASTIPUR. 5. MITHLESH KUMAR, S/O VIDYANAND PRASAD SINGH, R/O VILLAGE-SIHI, P.S.-HASANPUR, DISTRICT-SAMASTIPUR. ……………RESPONDENTS. ----------- 2 12.01.2010 Heard learned counsel for the petitioner and learned counsel for the State. In this writ application petitioner has prayed for quashing of the FIR connected with the Hasanpur P.S. Case No. 23 of 2009 and for restraining the respondents from taking any coercive step against the accused persons. The FIR was instituted by the father of the petitioner under Sections 366 (A), 372, 379 read with 34 of the Indian Penal Code alleging kidnapping of the petitioner by one Mithlesh Kumar and his family members. Subsequently during the investigation petitioner’s statement was recorded under Section 164 of the I.P.C. wherein she claimed herself to be 22 years of age. She also stated on oath that she had 2 married with the said Mithlesh Kumar and was living with him on her own sweet-will. On such statement, on the orders of the court below, petitioner was handed over to the family of her husband. Learned counsel for the petitioner submits that now it has come on record that the petitioner was a major and, therefore, no case under Section 366 A is made out. The petitioner has claimed that she had married with the Mithlesh Kumar on her own volition without any coercion. Therefore, the allegation in the FIR is not made out and the FIR is fit to be quashed. In this context, he has relied upon a judgment of the Hon’ble Supreme Court reported in 2006 (5) PLJR 475 wherein the following general direction has been issued by the Hon’ble Supreme Court to all the authorities throughout the country. “We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the 3 police against such persons and further stern action is taken against such persons as provided by law.” It is obvious that, once it has come on the record that the petitioner is major and on her own volition she had entered into marriage with the accused and is living with her, the police has to take that into account for completing investigation and for submitting final form. Therefore, in view of the general directions issued by the Hon’ble Supreme Court, this Court directs the investigating officer to complete the investigation taking into account the Section 164 statement of the petitioner and other circumstances, as soon as possible. Till investigation is completed and final form is submitted, the police will not take any coercive steps against the petitioner or her husband or the other family members of her husband as made accused in the FIR. The writ application is disposed of with the aforesaid observations and directions. Arvind/ (J. N. Singh, J.)