Dear Experts,
I have a typical situation, please help me out of it:
One mohemmedan minor girl, aged about 16.5 yrs compelled her boyfriend to take her with him. So he took her along with him. The father of the girl lodged 366-A FIR. The girl was rescued and her statement u/s 164 Cr.PC was recorded which revealed her love affair and her wilfull elopement with the accused. Thereafter she was given to her father.
After about 6 months, when she turned 17 yrs, the girl again, on her own fled to the accused. This time the father had no option but to give consent of marriage of his daughter with the accused. Nikah was performed under Mohemmedan Hanafi personal law.
In the meantime the Police, submitted "Absconder Chargesheet" against the accused. The Commiting Court while accepting the CS, issued NBW against the accused. The impuned order is as follows: "CR recieved on transfer for disposal. Perused the CR. Issue NBWA aainst the accused." So now the Police is looking for the accused. If he appears before Court on his own, the the Court will surely remand him to prison.
My question before the learned Forum is is there any posibility to save the accused from oin into prison,. The father (complainant) and every other witness is ready to cooperate with the accused. The accused and the girl is leading a peaceful conjugal life.
Please help me with suitable citations
