Rajasthan High Court - Jodhpur
Rani vs State Of Rajasthan on 8 February, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6949/2021
1. Rani D/o Rajesh Kumar Jain, W/o Chetanram, Aged About
21 Years, R/o 2/1541, Khandu Colony, Banswara, Rural
Dist. Banswara (Raj.). Presently Resident Of 159, Paldi,
Palri Bhoptan, Ajmer (Raj.).
2. Chetanram S/o Sh. Pusaram, Aged About 22 Years, 159,
Paldi, Palri Bhoptan, Ajmer (Raj.). Presently Resident Of
159, Paldi, Palri Bhoptan, Ajmer (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Superintendent Of Police, Banswara
3. Sho, P.s. Kotwali, Banswara (Raj.).
4. Rajesh Jain S/o Sh. Nanalal Jain, R/o Khandu Colony,
Banswara (Raj.).
----Respondents
For Petitioner(s) : Mr. Indra Raj Choudhary (through VC)
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
08/02/2022
This criminal misc. petition under Section 482 Cr.P.C. has
been filed by the petitioners for quashing the FIR No.464/2021 of
Police Station Kotwali Banswara, District Banswara.
The said FIR has been lodged by the respondent No.4-
Rajesh Jain on 14.10.2021 alleging therein that his daughter is
missing from 12.10.2021 and despite sincere efforts, she could
not be traced out, however, he came to know that his daughter is
abducted by one person namely Raju Jaat while alluring her. It is
also stated that his daughter has taken Rs. 40,000/- cash and
(2 of 3) [CRLMP-6949/2021]
some ornaments on asking of Raju Jaat. It is also stated that his
daughter's mental condition is not good and Raju Jaat had
abducted her.
On receiving this complaint, the police has registered the
above referred FIR against the petitioners for the offence
punishable under Sections 363 and 366 of IPC.
This criminal misc. petition is preferred on behalf of the
complainant's daughter and one Chetan Ram stating that both of
them are major and solemnized marriage as per their own free
will. It is also stated that the petitioners have also filed a petition
before this Court at Jaipur Bench seeking police protection.
Learned counsel for the petitioners has therefore, argued
that the impugned FIR may be quashed.
Learned Public Prosecutor has submitted the factual report,
wherein it is mentioned that the police is investigating into the
matter and statements of the petitioner No.1 under Section 161
Cr.P.C. have been recorded on 14.10.2021, in which, she has
stated that she went with the petitioner No.2 as per her own free
will. In the factual report, it is further stated that summon has
been issued by the trial court to the petitioner No.1 for recording
her statement under Section 164 Cr.P.C., but the said summon
could not be served upon her as she was not available at the given
address.
Having heard learned counsel for the petitioners and after
going through the material available on record, I am of the opinion
that, if the petitioner No.1 is major and solemnized marriage with
the petitioner No.2 and is living with him as his wife voluntarily,
she may appear for recording statements under Section 164
Cr.P.C.
(3 of 3) [CRLMP-6949/2021]
It is expected that the Investigating Officer shall consider the
statement of petitioner No.1. recorded during the course of police
investigation as well as before the Magistrate under Section 164
Cr.PC. and after analizing the other evidence available on record
may file final report in the matter expeditiously.
With these observations, the criminal misc. petition is
disposed of.
(VIJAY BISHNOI),J
14-mohit/-
Powered by TCPDF (www.tcpdf.org)
