Rajasthan High Court
Yashwanti And Anr vs State Of Raj And Anr on 10 December, 2021
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2814/2018
1. Yashwanti D/o Shri Chhotu Lal Saini, R/ovillage Dhibru, Ps
Lambaharisingh, District Tonk.
2. Rakesh Purviya S/o Shri Gopal Lal Purviya, R/ovillage
Dhibru, Ps Lambaharisingh, District Tonk.
----Petitioners
Versus
1. State Of Rajasthan Through Pp.
2. Chhotu Lal S/o Shri Nanda, R/o Vilalge Dhibru, Ps
Lambaharisingh, District Tonk.
----Respondents
For Petitioner(s) : Mr.Nawab Ali
For Respondent(s) : Mr.S.S.Mahla, PP
Mr.Inder Raj Saini, for complainant.
HON'BLE MR. JUSTICE FARJAND ALI
Judgment / Order
10/12/2021
The instant criminal misc. petition has been preferred for
quashing of the FIR No. 41/2018 registered at P.S.
Lambaharisingh, Distt. Tonk for accusation of committing offence
under Sections 363 & 366 of IPC.
Brief facts giving rise to the instant criminal misc. petition
are that a report has been lodged at the behest of the complainant
Chhotulal Mali who happens to be the father of petitioner no.1
Yashwanti alleging inter alia that when on 26.3.2018, his daughter
did not come back to his house and he got to know that his
daughter had been taken away by the accused petitioner no.2, he
(2 of 4) [CRLMP-2814/2018]
want to lodge the FIR. On the basis of said report, investigation
had been commenced.
During the course of investigation, accused petitioner no.2
Rakesh and the subject of crime Ms.Yashwanti-petitioner no.1
approached this court pleading that no offence had been
committed and thus the FIR may be quashed.
Vide order dated 17.5.2018, this court while issuing notice to
the complainant, had directed the Deputy Registrar (Judl.) of this
court to record the statement of PW-1 Yashwanti on that day itself.
Pursuant to the direction passed by this court, the statement of
Ms. Yashwanti who happened to be 19 years' old got recorded by
the then Deputy Registrar (Judl.) of this court on the same day. It
is categorically stated by her in the statement that she knew the
accused Rakesh since her childhood as both were studying in the
same school, she wanted to marry with Rakesh as she liked her;
however, parents of the witness were not agreeable. In these
circumstances, she left the company of her parents on 27.4.2018
at her own free will and volition and got married with Rakesh in
Sawariyaji Temple at Chittorgarh on 30.4.2018. She showed her
firmness by saying that both were enjoying their marital life
happily. She stated that her father had lodged a false report of her
abduction and she did not want to go back to her parents' home.
The statement recorded by Deputy Registrar (Judl.) on 17.5.2018
are the part of the record.
Today, learned counsel appearing on behalf of petitioners
Ms.Yashwanti and Rakesh has vehemently submitted that in view
of statement of subject of the crime, continuance of investigation
(3 of 4) [CRLMP-2814/2018]
in the aforesaid FIR would be nothing but an abuse of process of
law, therefore, the FIR and the investigation, initiated in
pursuance, thereof may be quashed and set aside.
On the other hand, learned Public Prosecutor placed on
record the case diary of the case. As per the case diary and the
factual report, an ossification test of Ms.Yashwanti got conducted
by the duly constituted Medical Board at C.H.C. Malpura, as per
which, the radio-logical estimated age of the girl opined as 17 to
21 years. The factual report be taken on record.
In the totality of facts & circumstances of the case where
Ms.Yashwanti who appears to be major girl and has got the age of
discretion to know her good & bad and has categorically stated
that she was not abducted and shown her intent to leave happy
married life with petitioner no.2, therefore, looking to the
statement of girl and her radio-logical estimated age, I think that
this is a fit case where extra-ordinary jurisdiction of this court
under Section 482 Cr.P.C. requires to be exercised in quashing the
FIR and all further proceedings initiated in pursuance thereto.
Accordingly, the instant cr. Misc. petition is allowed. The FIR
No. 41/2018 registered at P.S. Lambaharisingh, Distt. Tonk for the
offence under Sections363, 366 of IPC and all investigation
initiated in pursuance thereto is hereby quashed and set aside.
The SHO of the concerned Police Station is directed to send the
final report of this case to the court concerned averring the fact of
quashment of FIR within a period of one month from the date of
(4 of 4) [CRLMP-2814/2018]
receipt of this order. The requisite endorsement in the register of
the police may be made appropriately.
(FARJAND ALI),J
SANDEEP RAWAT /23/54
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