GUPTE LEGAL

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Girl leaving parental home with boy on attaining age of discretion is not kidnapping: Madhya Pradesh High Court

The High Court, therefore, set aside an order of trial court convicting the accused.

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Girl leaving parental home with boy on attaining age of discretion is not kidnapping: Madhya Pradesh High Court Madhya Pradesh High Court recently observed that when a girl, who has attained the age of discretion, leaves her parents' house to be with a boy who facilitates the same, it will not amount to kidnapping or abduction.

_*⭐SC:SSs. 482, 173 and 156(3) - High Court quashing entire criminal proceedings under S. 482 CrPC, without discussing anything on merits - In final police report it was specifically concluded on basis of material on record that a prima facie case was made out for the offences alleged against the accused persons Impugned order set aside - Prosecution against accused in respect of alleged fraudulent re-selling of plot sold to appellant complainant, directed to proceed further in accordance with law.*_

_Appellant complainant had filed complaint against respondent-accused, alleging that the very plot which was sold to appellant by owner R-1 (accused), was fraudulently resold by owner, after changing its number and redesignating the plot, to R-2 (accused), who was husband of R-1- R-2 thereon sold the very plot in favour of R-3 (accused) - FIR was lodged by police and final report submitted by investigating officer under S.173 CrPC, concluded, that accused persons colluded and committed offences under Ss. 420, 464, 465, 467, 468 and 471 r/w S. 34 IPC - However, without discussing anything on merits of final report, quashing by High Court of entire criminal proceedings, including final report, in exercise of powers under S. 482, held, erroneous - Hence, impugned judgment and order passed by High Court, hereby quashed and set aside - Consequently, prosecution against accused, directed to proceed further, in accordance with law, and on its own merits - Penal Code, 1860, Ss. 420, 464, 465, 467, 468 and 471 r/w S. 34 the im (Paras 5 to 7)._

_Case:_
_*Saraswatibai Vs. Lalitabai.*_

_Citation:_
_*(2019) 16 SCC 272*

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