What are the remedial measures against ipc 366
VIJAY
(Querist) 26 August 2012
This query is : Resolved
A boy & a girl below marriageable age has flown away from home under the effect of love and their whereabouts is unknown. Now the girl parents has implicated false charges over the boys parents and 3 of his brothers under IPC 366. They have filed court case from other jurisdiction from where the girl originally belongs. Police is searching for their arrest now. The above three brothers are undergoing their education which is being hampered due IPC-366. Also note that the girl and boys belongs to different districts. Please suggest the correct remedial measures.
Adv.R.P.Chugh
(Expert) 26 August 2012
Apply for quashing of this case, this is a frivolous prosecution meant to arm-twist the guy or his family into getting hte girl back. If the boy and girl are major they have full autonomy to marry each other, without risk of false prosecution. Even if the girl is minor then also if she has abdicated the keeping of her lawful guardianship herself and has not been enticed or taken away by force - no offence u/s 366 is made out .
Good Luck !
Regards,
Adv. Bharat Chugh
