Smt Salma And Anr vs State And Anr
2021 Latest Caselaw 12299 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2299/2016

1. Smt Salma W/o Shri Shakir Mohd. D/o Shri Hakim Ji, aged about 19 years

2. Shakir Mohd S/o Shri Amirddin, aged about 25 years, Both by caste Muslim, resdients of Jawla, Tehsil Parbatsar, District Nagaur

----Petitioner Versus

1. State of Rajasthan

2. Hakim S/o Shri Gani Khan, by caste Muslim, R/o Jawla, Peelawa Police Station District Nagaur

----Respondent

For Petitioner(s) : Mr. Vishal Sharma For Respondent(s) : Mr. B.R. Bishnoi, AGC Mr. Amit Pareek Mr. Yashpal Khileree

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

06/08/2021

The instant misc. petition has been filed by the petitioners

Smt. Salma and Shri Shakir Mohd. seeking quashing of FIR

No.79/2016 registered at Police Station Peelwa, District Nagaur for

offences under Sections 363 & 342 IPC.

The FIR aforesaid came to be lodged by the complainant

Hakim Khan, father of the petitioner No.1 alleging that his

daughter was minor and was married. She left the house of the

complainant on 04.07.2016 and that in all probability, Shakir

Mohd. might have kidnapped her. Smt. Salma, the allegedly

kidnapped girl, alongwith the accused-petitioner Shakir Mohd.

have approached this Court through this misc. petition under

(2 of 2) [CRLMP-2299/2016]

Section 482 Cr.P.C. claiming that Salma is major and that she has

married Shakir Mohd of her own free will and volition and thus,

prima facie offences are not made out.

During the course of investigation, the complainant has filed

a compromise application to the IO. It may be stated here that

another FIR No.134/2016 was lodged by the complainant Hakim

Khan against the petitioner Shakir Mohd. which was got quashed

through a compromise by order dated 11.02.2021 passed in S.B.

Criminal Misc. Petition No.266/2021.

It is an admitted position that the alleged victim Salma has

married the petitioner Shakir Mohd and is living with him of her

own free will and volition. Thus, no fruitful purpose would be

served by allowing continuation of the investigation of the

impugned FIR. Hence, the misc. petition deserves to be and is

hereby allowed. The impugned FIR No.79/2016 registered at

Police Station Peelwa, District Nagaur for offences under Sections

363 & 342 IPC and all proceedings sought to be taken in

furtherance thereof, are hereby quashed.

(SANDEEP MEHTA),J 85-Sudhir Asopa/-

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