Lalita Daughter Of Shri Durga ... vs State Of Rajasthan
2021 Latest Caselaw 5574 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 6260/2021

1.       Lalita Daughter Of Shri Durga Prasad Mahawar, Wife Of
         Shri Sanjay, Resident Of Khidki Gate, Weir, Town Weir,
         District Bharatpur (Raj).
2.       Sanjay Son Of Late Shri Brij Lal Koli, Resident Of Khidki
         Gate, Weir, Town Weir, District Bharatpur (Raj).
                                                         ----Accused-Petitioners
                                     Versus
1.       State Of Rajasthan, Through P.P.
2.       Durga Prasad Son Of Shri Roop Chand, Resident Of Kahar
         Mohalla, Bhusawar, Police Station Bhusawar, District
         Bharatpur (Raj).
                                                                    ----Respondents

For Petitioner(s) : Mr. Banvari Lal Saini For Respondent(s) : Mr. F.R. Meena, PP For Complainant : Mr Vinod Pathak

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

04/10/2021

This criminal miscellaneous petition under Section 482 Cr.P.C.

has been filed for quashing the FIR No.711/2020 dated

28.11.2020 registered at Police Station Bhusawar, District

Bharatpur for offence under Sections 363 & 366 of I.P.C. and

Section 18 of the Protection of Child From Sexual Offences Act,

Learned counsel for the petitioners submitted that the

parties are major and have solemnized marriage as per the Hindu

Rites and Ceremonies. He submits that even the complainant,

father of petitioner No.1, has submitted an affidavit notarized on

(2 of 3) [CRLMP-6260/2021]

28.09.2021 wherein, he has stated that his daughter has already

married with the petitioner No.2 and he does not want to

prosecute the matter further. Learned counsel submitted that a

Division Bench of this court has, vide its order dated 20.09.2021

passed in D.B. Habeas Corpus Writ Petition No. 279/2021,

dismissed the petition filed by the complainant recording the

statement of the petitioner No.1 wherein she has stated that she

was major and has solemnized marriage with the petitioner No.2.

Referring the judgments of the Hon'ble Apex Court of India in

cases of Gian Singh versus State of Punjab & Anr. reported in

JT 2012 (9) SC-426 & Narinder Singh & Ors. versus State of

Punjab & Anr. reported in 2014 Cr.L.R. (SC) 351, he, prayed

for quashing the FIR in question.

Learned Public Prosecutor has opposed the criminal

miscellaneous petition.

Learned counsel appearing for the complainant

acknowledging the factum of compromise between the parties,

submitted that he has no objection if the FIR in question is

quashed.

Heard the learned counsels for the parties and perused the

record.

Taking into consideration the submissions advanced by the

learned counsel for the petitioners, the mark-sheet of Secondary

Supplementary Examination, 2019 of the petitioner No.1, the

affidavit of the complainant notarized on 28.09.2021 and order of

this Court dated 20.09.2021 in D.B. Habeas Corpus Writ Petition

No.279/2021 and in view of compromise and in the backdrop of

law laid down by the Hon'ble Apex Court of India in cases of Gian

(3 of 3) [CRLMP-6260/2021]

Singh (supra) & Narinder Singh (supra), this Court deems it

just and proper to quash the FIR in question.

Resultantly, this criminal miscellaneous petition is allowed.

The FIR No.711/2020 dated 28.11.2020 registered at Police

Station Bhusawar, District Bharatpur for offence under Sections

363 & 366 of I.P.C. and Section 18 of the Act of 2012 is quashed.

(MAHENDAR KUMAR GOYAL),J

Sudha/115

Powered by TCPDF (www.tcpdf.org)