Aditya vs State Of Rajasthan-State
2022 Latest Caselaw 1583 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 410/2022

1. Aditya S/o Sh. Ray Singh, Aged About 23 Years, R/o Village Ward No. 20, Phephana, 1 Knn, Tehsil Nohar, District Hanumangarh (Raj.)

2. Divya Chachan W/o Sh. Aditya, Aged About 22 Years, D/o Sh. Pradeep Kumar, R/o Village Phephana, Tehsil Nohar, District Hanumangarh (Raj.)

----Petitioners Versus

1. State Of Rajasthan-State, Through Pp

2. Pradeep Kumar S/o Sh. Daulat Ram Chachan, R/o 949, Main Bazar Ward No. 12, Phephana, Tehsil Nohar, District Hanumangarh (Raj.)

----Respondents

For Petitioner(s) : Mr. Manoj Chotia (through VC) For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/02/2022

This criminal misc. petition under Section 482 Cr.PC has been

filed by the petitioners with a prayer for quashing the FIR

No.605/2021 lodged at Police Station Nohar, District

Hanumangarh.

Learned counsel for the petitioners has submitted that in the

impugned FIR, the respondent No.2 has alleged that his daughter

Divya (petitioner No.2) has been kidnapped or abducted by the

petitioner No.1 on 16.12.2021 by alluring her. It is also alleged

that the petitioners took away gold ornaments amounting to

rupees two lacs and twenty thousand with them.

(2 of 3) [CRLMP-410/2022]

On receiving the report, the police have registered an FIR

against the petitioner No.1 for the offence punishable under

Sections 363, 366-A IPC and commenced investigation which is

going on.

Learned counsel for the petitioners has submitted that the

petitioners are major and both of them had solemnized marriage

on 18.12.2021 at Amritsar against the wishes of family members

of petitioner No.2, therefore, this false FIR has been lodged. It is

also submitted that the petitioner No.2 did not kidnap or abduct

by the petitioner No.1. It is also submitted that the petitioners

cannot go to the police station Nohar as they are apprehending

that the complainant party may cause harm to them. It is further

submitted that the petitioners are not expecting fair investigation

from the SHO of Police Station Nohar as he is under pressure of a

local MLA (belonging to the ruling party) because father of the

petitioner No.2 is his near relative. Learned counsel for the

petitioners has submitted that both the petitioners are ready to

appear before the Superintendent of Police, Hanumangarh.

Issue notice.

Learned Public Prosecutor accepts notice on behalf of the

respondent- State. Let notice be issued to respondent No.2,

returnable on 10.02.2022. Notice of the respondent No.2 shall be

served upon him through the SHO, Police Station Nohar positively

by the next date of hearing.

In the meantime, the petitioners may appear before the

Superintendent of Police, Hanumangarh on or before 05.02.2022.

The Superintendent of Police, Hanumangarh shall call the

Investigating Officer for the purpose of interrogating the

petitioners and for recording their statements in his office only.

(3 of 3) [CRLMP-410/2022]

Till next date, no coercive action shall be taken against the

petitioners.

It is also made clear that if the petitioners ask for police

protection from the Superintendent of Police Hanumangarh, the

same shall immediately be provided to them if required so.

Put up on 10.02.2022 along with the latest factual report.

(VIJAY BISHNOI),J SURABHII/21-

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