Ajay Vadi vs State Of Rajasthan
2022 Latest Caselaw 1377 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 488/2022

1. Ajay Vadi S/o Mahendra Vadi, Aged About 19 Years, Kaliya, Narsinghpur, Santrampur, Mahinagar, Gujarat.

2. Mahendra Vadi S/o Bhema Vadi, Aged About 42 Years, Kaliya, Narsinghpur, Santrampur, Mahinagar, Gujarat.

3. Smt. Parvati Vadi W/o Mahendra Vadi, Aged About 53 Years, Kaliya, Narsinghpur, Santrampur, Mahinagar, Gujarat.

4. Dharmendra Vadi S/o Bhema Vadi, Aged About 39 Years, Kaliya, Narsinghpur, Santrampur, Mahinagar, Gujarat.

5. Bhema Vadi S/o Rumal, Aged About 65 Years, Kaliya, Narsinghpur, Santrampur, Mahinagar, Gujarat.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Kishor Bhuj S/o Nathulal Ji, Aged About 42 Years, Dhanku, Anandpuri, Banswara (Raj.).

----Respondents

For Petitioner(s) : Mr. Ram Singh Rawal, through VC For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE FARJAND ALI Judgment / Order 28/01/2022

This instant misc. petition has been submitted by the

accused-petitioners seeking quashing of FIR No. 249/2021 lodged

at Police Station Anandpuri, District Banswara for the offences

under Sections 363 and 366 of IPC.

Learned counsel for the petitioners submitted that though

the FIR in this matter came to be lodged at the behest of

prosecutrix by respondent No.2, Kishore; regarding abduction of

prosecutrix- Kajal, however, on the contrary the prosecutrix- Kajal

who happens to be a major lady, does not support, verify and

corroborate the allegations levelled in the FIR.

(2 of 2) [CRLMP-488/2022]

It is further submitted that the complainant may be a first

informant of the case but the subject of crime is the prosecutrix-

Kajal, who has executed an affidavit contending therein that she

was never abducted by the petitioners and no rape has been

committed upon her. Rather it is stated that she eloped with the

petitioner, got solemnized the marriage and living a happy married

life.

Heard learned counsel for the parties and learned Public

Prosecutor, gone through the contents of the FIR and the other

material, more particularly affidavit submitted by the prosecutrix-

Kajal.

In the totality of facts and circumstance of the case, it is

deemed appropriate to direct the petitioners to appear before the

Investigating Officer on or before on 28.02.2022. The

Investigating Officer shall record the statements of the

prosecutrix-Kajal under Section 161 of Cr.P.C and if need arise,

she may be taken before the Magistrate for recording her

statements under Section 164 Cr.P.C.

All the needful shall be done within a period of three days

from the date of her appearance before the Investigating Officer.

It is also deemed appropriate to direct the concerned Judicial

Magistrate to record the statement of the girl on the very same

day on her appearance.

The Investigating Officer shall submit his report before this

Court along with the case diary.

In the meanwhile, petitioner shall not be arrested.

(FARJAND ALI),J

Arun-74/-

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