Kidnapping FIR quashed where a 17½-year-old voluntarily eloped, later married the accused, and established settled family life.

The petitioner invoked the inherent jurisdiction of the Gujarat High Court under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR C.R. No. I-14 of 2019 registered at Deodar Police Station, Banaskantha, for offences under Sections 363 and 366 of the Indian Penal Code, 1860

The FIR alleged that the petitioner had abducted the complainant’s minor daughter, Rinkaben, who was approximately 17 years and 6 months old on 30 January 2019

During the proceedings, the victim appeared before the Court, was identified by counsel, and confirmed the genuineness of her affidavit stating that, after attaining majority, she had married the petitioner and was residing happily with him

The petitioner further submitted that the couple had a child and continued to reside together peacefully

The complainant, the victim’s father, did not appear despite service of notice

The State opposed quashing on the ground that the victim was a minor when the alleged incident occurred

1. Whether the FIR and consequential criminal proceedings under Sections 363 and 366 IPC could be quashed under Section 482 CrPC where the alleged victim was a minor at the time of the incident but had voluntarily married the petitioner after attaining majority and was living with him along with their child.

2. Whether the circumstances demonstrated that the petitioner had unlawfully “taken” the victim out of the keeping of her lawful guardian, in light of the principle stated in S. Varadarajan v. State of Madras.

The Court exercised its inherent jurisdiction under Section 482 CrPC to prevent the abuse of process of law and to secure the ends of justice

Sections 363 and 366 IPC concern kidnapping from lawful guardianship and abduction/kidnapping for the purpose of marriage, respectively

The Court relied on S. Varadarajan v. State of Madras, AIR 1965 SC 942, which holds that where a minor girl, having attained the age of discretion, voluntarily accompanies the accused without force, inducement, or coercion, the accused cannot necessarily be said to have “taken” her out of the keeping of her lawful guardian

The Court also considered the subsequent voluntary marriage, continued cohabitation, birth of a child, and the futility of continuing the prosecution in the circumstances of the case

The Court noted that although the victim was approximately 17 years and 6 months old at the time of the alleged incident, she subsequently attained majority, married the petitioner, and confirmed before the Court that she was residing happily with him

Applying the principle in S. Varadarajan, the Court treated the circumstances as indicative of an adolescent consensual relationship rather than a case warranting continuation of prosecution for kidnapping or abduction, particularly in the absence of any assertion of force or coercion

The couple had remained together for nearly seven years and had a child, while the complainant did not contest the victim’s affidavit or appear before the Court despite service

In view of the parties’ settled matrimonial relationship and the absence of any useful purpose in continuing the proceedings, the Court concluded that quashing was warranted under Section 482 CrPC

The rule was made absolute to that extent, and direct service was permitted