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2007 DIGILAW 1376 (RAJ)

Narendra Singh v. State of Rajasthan

2007-07-23

DALIP SINGH

body2007
JUDGMENT 1. - This is a petition under Section 482 Cr.P.C. 2. When this petition came up before this court on 29.05.2007, the following order was passed : "Heard learned counsel for the parties. The statement of the non-petitioner No. 2 Suman was recorded by this court according to which her date of birth is 12.07.1987 and even as per the FIR the age of Sumac, has been given as 19 years. It was contended that the non-petitioner No. 2 Suman and the petitioner Narendra have married each other n the Arya Samaj Temple on 12.04.2007. It is submitted that since then the petitioner and non-petitioner No. 2 are both living together. The parents and sister of the non-petitioner No. 2 Suman are present in the court today alongwith their counsel and it is submitted on behalf of the parents that the non-petitioner No. 2 Suman may be sent to the Women Home for two days so that she may independently make up her mind as to what she wants, without being under any pressure or influence of the petitioner, with whom she has been residing since April, 2007. I am inclined to accept the prayer made on behalf of the parents. The Deputy Registrar (Judicial) is directed to send the non-petitioner No. 2 Suman, daughter of Shri Makhanlal to the Women Home at Jaipur where she will be placed in the care of Superintendent, Women Home. She may be produced before this court on 31.05.2007 at about 10.30 AM to ascertain her wishes. The Deputy Registrar (Judicial) is directed to inform the Ashok Nagar Police Station, Jaipur to escort the petitioner Narendra Singh to his residence in Jaipur safely. Put up on 31.05.2007." 3. Thereafter, on 21.05.2007 the girl Kumari Suman was produced by the Superintendent, Women Home, Jaipur before this court and she expressed, in the presence of her parents, that she wants to live with the petitioner Narendra Singh with whom she has entered into the marriage. 4. This court also recorded the fact that the parents Shri Makhan Lai, the father and Smt. Bimla Devi, the mother of the non-petitioner No. 2 in respect of whom the FIR was lodged have no objection in sending the non-petitioner No. 2 Suman with the petitioner Narendra Singh. 4. This court also recorded the fact that the parents Shri Makhan Lai, the father and Smt. Bimla Devi, the mother of the non-petitioner No. 2 in respect of whom the FIR was lodged have no objection in sending the non-petitioner No. 2 Suman with the petitioner Narendra Singh. The order dated 31.05.2007 reads as follows: "As per the direction of this court dated 29th May, 2007, Suman Bagaria, the non-petitioner No. 2, has been produced by the Superintendent, Women Home, Jaipur. The wishes of Suman Bagaria were again ascertained and she frankly stated in presence of her parents that she wants to go with petitioner Narendra Singh. She had also deposed her statement before the Deputy Registrar (Judicial) of this Court on 14th May, 2007, wherein she stated that she had married with petitioner Narendra Singh and she wants to live with him. The parents-Shri Makkhan Lal (father) as well as Smt. Bimla Devi (mother), of non- petitioner No. 2 Suman Bagaria, have stated that they have no objection in sending the non-petitioner No. 2 Suman Bagaria, with the petitioner Narendra Singh, in view of her statement given by her today as well as her statement recorded on 14.5.2007 before the Deputy Registrar (Judicial) of this Court. Shri Inder Raj Saini, the learned counsel for the non-petitioner No. 3 stated that the matter may be deferred for July, 2007, and the custody of Suman may be given to the petitioner Narendra Singh. After considering all the facts and circumstances of the present case, it is directed that the matter be placed for final disposal at orders stage on 6th July, 2007. Meanwhile, Smt. Suman Bagaria, who is admittedly major, is free to go with petitioner Narendra Singh. Petitioner Narendra Singh will not be arrested in FIR No. 176/2007, till further orders. The further investigation in FIR No. 176/2007 registered at Police Station Kotwali, District Sikar, shall also remain stayed till 6th July, 2007." 5. The matter as come up today for final disposal in the light of the facts recorded in the order dated 31.05.2007, mentioned above. The girl Kumari Suman is a major as her date of birth is 12.07.1987, as recorded in Annexure-4, the transfer certificate issued by the School. 6. The matter as come up today for final disposal in the light of the facts recorded in the order dated 31.05.2007, mentioned above. The girl Kumari Suman is a major as her date of birth is 12.07.1987, as recorded in Annexure-4, the transfer certificate issued by the School. 6. Learned Public Prosecutor in the light of the statement given by the parents of the girl before this court and the fact that the girl is a major, as recorded in Annexure-4 as well as in the FIR, does not object to the petition for being disposed of.Consequently, this petition under Section 482 Cr.P.C. is allowed. The FIR no. 176/2007 Police Station Kotwali, District Sikar, for the offence under Section 363 and 366 I.P.C. stands quashed. *******