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1994 DIGILAW 137 (RAJ)

Gajendra Singh v. State of Rajasthan

1994-02-11

Y.R.MEENA

body1994
JUDGMENT 1. - In compliance of my direction dated 4.2.1994, Smt. Ranjana Soni wife of Gajendra Singh, daughter of Om Prakash Soni, aged 19 years appeared in person. She has been identified by Mr. Jain, Counsel for the Petitioner. The signature of Smt. Ranjana Soni has been obtained on the margin of the order sheet and the signature has been identified by Mr. Jain. She made the statement before me that she had married with Gajendra Singh accused at her free will. Even the statement to this effect has been recorded under/section 164 Criminal Procedure Code in the Court of Addl. Munsif & Judicial Magistrate No. 10, Jaipur City, Jaipur. There also she has admitted that she has willing married with Gajendra on 10.2.1993. 2. An F.I.R. has been lodged by one Vidhya Prakash Soni who is elder brother of the father of Smt. Ranjana Soni alleging therein that the petitioner Gajendra Singh has kidnapped his daughter Ranjana on 29.3.1993. Against the F.I.R., this petition under section 482 Criminal Procedure Code has been preferred. 3. Learned Counsel for the petitioner Mr. Jain submitted that when Ranjana has willingly married with Gajendra and living with him. Even a child has been born out of the wedlock in the 1st week of January, 1994. There is no complaint from the side of the father of Ranjana. 'Mr. Jain also brought to my notice the age certificate and marriage certificate of Ranjana which are on record. 4. I have heard Mr. Jain Counsel for the petitioner and perused the marriage certificate date 10.2.1993 and also the date of birth certificate issued by the Nagar Palika, Jaipur, wherein the date of birth of Ranjana has been shown as 30.1.1975. As per the date of birth, she was more than 18 years on 29.3.1993. Even otherwise also, when she had married with Gajendra Singh on 10.2.1993 and also gave birth to a child out of the wedlock of Ranjana and Gajendra Singh in the 1st week of January, 1994. Even her father has no grievance against this marriage. The complaint has been filed by the elder brother of father of Ranjana is without substance. No case is made out under/section 363 Indian Penal Code on the face of the complaint.Hence, the F.I.R. No. 131/93 registered at Police Station Manak Chowk, Jaipur is quashed. Petition allowed. *******