Rajasthan High Court - Jaipur
Ramkishan @ Kishan Lal vs State Of Rajasthan And Anr on 7 September, 2016
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
Crlmp3173/2016
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
ORDER
IN
S.B. Cr. Misc. Petition No.3173/2016
(With Stay Appl. No.3289/2016)
Ramkishan @ Kishan Lal Son of Shri
Gheesa Lal, by caste Bairwa, resident
of Pachewar, Tonk (Raj.) at present
Phulera Road, Akoda, Police Station
Phulera, District Jaipur (Raj.)
...Accused-petitioner
Versus
1. State of Rajasthan through
Public Prosecutor
...Respondent
2. Hari Ram Bairwa son of Shri
Chhogaram, by caste Bairwa, resident
of Bairwa ki Dhani, Nagar Tonk,
Tehsil Malpura, District Tonk (Raj.)
...complainant-respondent
Date of Order ::: 07.09.2016
Present
Hon'ble Mr. Justice Mohammad Rafiq
Mr. Yunus Khan, counsel for accused-petitioner
Mr. A.D. Khan, Public Prosecutor, for the State
Mr. S.N. Meena, counsel for complainant-respondent
####
By the Court:-
This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed by accused- petitioner for quashment of F.I.R. No.80/2016, Police Station Pachewar, District Tonk, for offence under Sections 363 and 366 of the Indian Penal Code.
The complainant-respondent filed a complaint against accused-petitioner at Police Station Pachewar, District Tonk, on the basis of which, the police registered F.I.R. No.80/2016 for offence under Sections 363 and 366 of the IPC. In the complaint, the complainant-respondent stated that accused-petitioner Ramkishan @ Kishan Lal accompanied by one more person, abducted his Laxmi to marry her with Shrawan, niece Crlmp3173/2016 // 2 // ('bhanja') of accused-petitioner, therefore, action be taken against the accused.
Learned counsel for accused-petitioner submitted that Laxmi, daughter of complainant- respondent, and Shrawan, niece ('bhanja') of accused- petitioner, have married to each other on 08.06.2016 at Arya Samaj Mandir, Ghaziabad, with mutual consent and their marriage has been duly registered. Laxmi and Shrawan have duly informed their parents regarding their marriage orally as also on phone. It was thereafter that the complainant-respondent and his family members started to threat Shrawan and Laxmi of dire consequences. Therefore, after marriage, Laxmi and Shrawan filed S.B. Criminal Writ Petition No.242/2016 before this Court seeking police protection and this court, vide order dated 28.06.2016, directed the Station House Officer concerned to provide protection to them. Learned counsel for accused-petitioner submitted that, in view of the above facts, it is clear that the aforesaid F.I.R. has been lodged by complainant-respondent on false and concocted ground only to harass and humiliate the accused-petitioner in collusion with police personnel, and the fact is that accused-petitioner is innocent and did not commit any offence. The accused-petitioner has produced on record the marriage certificate issued by Arya Samaj Mandir (Regd.), Pratap Vihar, Vijay Nagar, Ghaziabad, certifying the marriage of Shrawan Lal Bairwa and Laxmi Bairwa took place on 08.06.2016. They have also got the marriage registered with the Registrar, Hindu Marriages, Ghaziabad and the certificate of registration of their marriage has been produced on Crlmp3173/2016 // 3 // record of the petition.
Heard learned counsel for the parties and perused the material on record.
The accused-petitioner and complainant- respondent with Laxmi are present in the court and they have been identified by their respective parties and their presence has been recorded on the order-sheet.
From the facts of the case, it is clear that Laxmi, daughter of complainant-respondent, and Shrawan, niece ('bhanja') of accused-petitioner, solemnized their marriage on 08.06.2016 at Arya Samaj Mandir, Ghaziabad with mutual consent and their marriage has been duly registered.
In order to ascertain the wishes of Laxmi, this court directed the Deputy Registrar (Judicial) of this court to record her statement and in compliance whereof, the Deputy Registrar (Judicial) has recorded statement of Laxmi and produced the same in the court, which is taken on record. In the statement, Laxmi has stated that her date of birth is 01.01.1998. Her family members engaged her for marriage with Shrawan Lal and fixed the marriage after one month but later on her father decided to marry her to some other person after taking amount of rupees five lac and that person was not of her like and she wanted to marry with Shrawan. She further stated that on 05.06.2016, she left her home out of her free will to meet Shrawanlal and thereafter they marry with each other. She also stated that the F.I.R. No.80/2016, lodged by her father, is false. She did all this out of her free will without any threat or inducement or pressure nor she has been abducted by any one. She is major and expressed her Crlmp3173/2016 // 4 // wishes to live with Shrawan.
In view of the above discussion, it is clear that the F.I.R. No.80/2016, Police Station Pachewar, District Tonk, for offence under Sections 363 and 366 of the Indian Penal Code, has been registered on false ground in order to harass the accused-petitioner.
In the result, the criminal misc. petition is allowed. The F.I.R. No.80/2016, Police Station Pachewar, District Tonk, for offence under Sections 363 and 366 of the Indian Penal Code, is quashed.
This also disposes of stay application.
(Mohammad Rafiq) J.
//Jaiman//141