JUDGMENT 1. -This petition under Section 482 Cr.RC. seeks quashing of the order dated 6.8.2003 passed by the learned Judicial, Magistrate, Nagar, Distt. Bharatpur in F.I.R. No. 79/2003 RS. Sikri whereby application of non-petitioner No. 1 Smt. Chatro, has been allowed and the custody of Smt. Mukesh has been handed over to her. 2. The non-petitioner No. 1, Smt. Chatro lodged first information report at Police Station, Sikri, for the offences under Sections 363 and 366 IPC with the allegation that her daughter Smt. Mukesh had been enticed away/abducted by her maternal uncle from her lawful guardianship in order to marry her elsewhere, against her will. After her recovery, her statement under Section 164 Cr.RC. was got recorded before the Judicial Magistrate, Kama on 2.8.2003 wherein she expressed her desire to live with her maternal uncle and did not want to live with her mother. 3. Two applications-one by Smt. Chatro, the mother and another by Billo the maternal uncle and Ramdhan, the uncle-were filed before the Court below for the custody of Smt. Mukesh. The Courts-below after affording an opportunity of hearing to both the sides and upon a perusal of the case-diary and taking in to consideration her statement, her minority and her welfare, handed over her custody to mother Smt. Chatro, the natural guardian and rejected the application of her maternal uncle Billo and uncle Ramdhan. 4. Aggrieved by the said order, Vijjo, the petitioner, with whom Smt. Mukesh is said to be married, has filed this petition for her custody. 5. At the time of hearing of this petition, learned counsel for both the sides as well as learned PR have expressed consensus for handing over the custody Smt. Mukesh to her maternal uncle Bilio with whom she was allegedly residing before the report was lodged by her mother about her kidnapping/abduction and with whom she has expressed the wish to live in her statement under Section 164 Cr.RC. 6. Taking into consideration the consensus between the parties, the wishes of Smt. Mukesh, her minority, her welfare and all other facts and circumstances of the case, I deem it just, appropriate and reasonable to hand over the custody of Smt. Mukesh to her maternal' uncle Billo until she attains the age of majority or until the criminal case is disposed of whichever is earlier 7.
I order accordingly and this petition is disposed of in above terms.Petition disposed of accordingly. *******