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Rajasthan High Court · body

2008 DIGILAW 410 (RAJ)

Laxman Singh v. State

2008-02-11

AJAY RASTOGI

body2008
JUDGMENT 1. - Instant petition U/s. 482, Cr.PC. has been filed for quashing of FIR-154/07 lodged by respondent No. 2 (complainant) at PS Mahila (Alwar) for offences U/Ss. 363, 365, 366 IPC and 3(2)(5) of SC/ST (Prevention of Atrocities) Act, 1989. 2. Under directions of this Court vide order dated 11.02.08, statement of Anita (petitioner No. 2) w/o Laxman Singh (petitioner No. 1) has been recorded by Deputy Registrar (Judi.), wherein it has been deposed by her that her date of birth is 16.09.85 and she was major on the date, their marriage was solemnized on 06.09.07 and she is peacefully living with her husband (petitioner No. 1). 3. As regards her date of birth, her Secondary School Examination's mark sheet has been produced as Annexure:~ which also certifies her date of birth as 16.09.85 and accordingly, she was above 18 years of of age and on the date of incident, on which FIR impugned has been registered at the instance of her father (respondent No. 2) for her kidnapping/abduction for offences (supra). 4. Taking note of material came on record and also her statement recorded by Deputy Registrar (Judi) under directions of this Court (supra), there is no prima facie material available on record which may substantiate alleged offence as referred to in the FIR impugned. In view thereof, this Court is of the opinion that no purpose will be served to, proceed further in criminal proceedings. 5. Consequently, misc. petition is allowed. Criminal proceedings arising out of FIR-154/07 dated 25.11.07 registered at PS Mahila (Alwar) are hereby quashed & set aside. 6. Looking to the fact which has been brought to the notice of this Court that parents of petitioner No. 2 still have not accepted her marriage, for good reasons, it would be appropriate to provide police protection so that no mis-happening may take place. Police authorities are directed to leave her alongwith her husband at their residence under police protection.Petition allowed. *******