JUDGMENT : 1. In pursuance of the directions issued by this Court on 24.04.2014, present SHO, and the then SHO of Police Station-Shiv, District-Barmer, are present-in-person, so also, the Panchas of ‘Kumawat’ community of Village Gunda, against whom bailable warrants were issued for securing their presence, are also present in person. 2. A pointed query was made from the members of ‘Kumawat’ community, present-in-person, as to why they expelled the complainant and his family from their community, and as to why they compelled the complainant to solemnize marriage of his minor daughter with a person who is more than 30 years of age. All the members of the community, present-in-person, submitted before the Court that the complainant and his family members have not been expelled from the community, nor any action has been taken against him to expel or banish from the community. It is also submitted that no undue pressure was laid by them for the marriage of his daughter, Champa Kumari, with Basta Ram, and the marriage was solemnized as per willingness of the complainant. It is further submitted that all the allegations leveled by him are false and concocted. With regard to taking Rs.5,00,000/- rupees, it is submitted that this allegation is also unfounded because the complainant himself is a poor man and he is not in a position to pay such a huge amount, therefore, all the allegations leveled by the complainant, Gena Ram, are false. 3. Mr. Mukesh Rajpurohit, learned counsel appearing on behalf of Panchas of ‘Kumawat’ community are ready to file their affidavits before this Court that the complainant, Gena Ram, has not been banished or ousted from the community and he is still member of ‘Kumawat’ community and no person will be ousted or banished from the community in future also. 4. Mr. S.K. Vyas, learned Additional Advocate General appearing on behalf of respondent- State submitted that proper investigation was carried out in the FIR lodged by complainant, Gena Ram and in the investigation, the allegations leveled were not found to be true, therefore, final report (FR No.17/2016) was filed on 29.04.2016 in the court of learned Judicial Magistrate, Barmer, which is pending. It is also submitted that in the investigation of police the marriage was solemnized with the consent of the complainant and Genaram was not expelled from the community nor any demand to pay Rs.25/- lacs was made from him. It is also submitted that in the investigation of police the marriage was solemnized with the consent of the complainant and Genaram was not expelled from the community nor any demand to pay Rs.25/- lacs was made from him. More so, the complainant, Gena Ram, himself did not attend the ceremony of the society and submitted before the Investigating Officer that compromise has been arrived at between him and Panchas of his community, now no grievance left for taking action upon the allegations leveled by him. Therefore, the instant writ petition may kindly be dismissed. 5. After hearing the complainant, who is present-in-person, and counsel for the Panchas and Additional Advocate General, it emerges from the facts that in the FIR No.118/2016 statements of Champa Kumar, minor daughter of complainant were recorded u/s 164 Cr.P.C. on 05.07.2016, in which following allegations were leveled by her: ^^vkt ls djhc 1 lky igys esjh ‘kknh lekt okyksa us tcju cLrkjke ds lkFk djokbZA rc esjs firkth us dgk fd esjh cPph ukckfyx gS blfy, ugha HkstsaxsA rc lekt ds iapksa us gesa U;kr ls ckgj dj fn;kA rc geus iapksa ij dsl fd;kA rc iapksa us gesa vk’oklu fn;k fd dsl okil yks ge vkidks lekt esa okil ys ysaxsA ijUrq vHkh rd bUgksaus gesa lekt esa okil fy;kA fnukad 27-06-2016 dks ---------- dk xkao esa ge cSBd esa x;s rks xq.kspkjke] pkUnkjke] dkNckjke] tks/kkjke] ioZrk jke] pkSFkkjke us esjs firkth o ukukth ds lkFk /kDdk&eqDdh dhA tkte ij cSBus ugha fn;kA ikuh ds yksVs ds gkFk ugha yxkus fn;kA 30-05-2016 dk iap gekjs ?kj ij vk;s rc cLrkjke us esjk gkFk [khapk] pquM+h [khaph rFkk iapksa us dgk fd 25 yk[k :i;s n.M nks ugha rks pEik dks llqjky HkstkA^^ 6. Along with compliance report submitted by the police certain photographs of marriage and marriage card are placed on record for perusal of the Court. The compliance report is hereby taken on record. Along with report, a copy of the mark-sheet of Basta Ram, is produced for perusal of the Court, in which the date of birth of Basta Ram, is 15.03.1988, meaning thereby on the date of marriage, Basta Ram, was more than 28 years of age and daughter of complainant was only 17 years of age. Along with report, a copy of the mark-sheet of Basta Ram, is produced for perusal of the Court, in which the date of birth of Basta Ram, is 15.03.1988, meaning thereby on the date of marriage, Basta Ram, was more than 28 years of age and daughter of complainant was only 17 years of age. In the statements recorded u/s 164 Cr.P.C., Champa Kumari (daughter of complainant) by the learned A.C.J.M., Barmer, there is allegation of forcible marriage, in spite of that, the police filed FR in the court, against that protest petition has been filed by the complainant, wherein statements of the witnesses including Champa Kumari have been recorded u/s 202 of Cr.P.C. by learned Civil Judge-cum-Judicial Magistrate, Barmer. 7. Upon consideration of entire material available on record, we are of the opinion that in spite of statements of Champa Kumari recorded under Section 164 Cr.P.C., the police filed FR, in which protest petition was filed by the complainant, wherein statements of witnesses have been recorded u/s 202 Cr.P.C. and the matter is still under consideration for taking cognizance in the matter. 8. The members of ‘Kumawat’ community who were summoned through bailable warrants filed their affidavits and submitted that the complainant has not been ousted or banished from their community and in future also, they will not punish any member of community and maintain peace. Verbatim language is used in the affidavit by all the members, present in the court. The affidavit of one of the member, viz. Gunesha Ram S/o Chanda Ram, reads as under: ‘kiFk&i= eSa xq.ks’kkjke iq= Jh pkankjke tkfr dqekor fuoklh fuEcyk] rglhy f’ko] ftyk ckM+esj ;g ‘kiFkiwoZd c;ku djrk gwWa fd& 1- eSa dqekor lekt dk lnL; gqWa eSaus vFkok gekjs lekt ds yksxksa us xsukjke iq= iqj[kkjke dks dqekor lekt ls U;kr ckgj ugha fd;k gSA 2- fd eSaus vFkok gekjs lekt ds yksxksa us fdlh dks lekt ls ckgj ugha fd;k gS ,oa Hkfo"; esa Hkh ge fdlh dks lekt ls ckgj ugha djsaxsA fnukad% 27-04-2017 Sd/- ‘kiFkdRrkZ lR;kiu eSa xq.ks’kkjke iq= Jh pkankjke tkfr dqekor] fuoklh fuEcyk] rglhy f’ko] ftyk ckM+esj] vkt ceqdke tks/kiqj esa ;g lR;kfir djrk gwWa fd ‘kiFk&i= dh in la[;k 1 o 2 esjs futh Kku o fo’okl ls lgh ,oa lR; gS blesa eSaus dksbZ rF; xyr of.kZr ugha fd;k gSA Sd/- ‘kiFkdrkZ bfr fnukad %& 27-04-2017 9. All the affidavits filed by the members of ‘Kumawat’ community are hereby taken on record. 10. Upon the statements made by the members of ‘Kumawat’ community, present-in-person, and upon the fact that complainant has not been expelled or banished from the community and assurance being given by the ‘Panchas’ that in future the complainant or any person will not be ousted from the community, therefore, it is obvious that grievance of the complainant-Gena Ram, to remain in the community has been redressed, therefore, no further directions is required to issued in this regard. 11. In view of the fact that in spite of statements of minor daughter of complainant recorded u/s 164 Cr.P.C., the Police has filed FR before the court concerned, in which proceedings upon protest petition are going on. The entire facts clearly reveal that for the inaction on the part of the police, a minor girl become victim of child marriage and complainant and his minor daughter are approaching from pillar to post. It is obvious from the fact that she belongs to a poor family, therefore, upon request made by the complainant, we deem it appropriate to direct the District Level Service Authority, Barmer, to provide legal assistance to minor girl for filing a petition for declaring her marriage void in the competent court as per Hindu Marriage Act. The amicus curiae shall be appointed for the said purpose to conduct her case for declaring the said marriage void. Furthermore, there is scheme formulated known as ‘Victim Compensation Scheme, 2011, framed by the State Government pursuant to the directions of Hon’ble Supreme Court, therefore, considering the facts of the case, we are of the opinion that Champa Kumari (victim) is entitled for compensation under the said Scheme because due to inaction on the part of police in spite of her statements recorded u/s 164 Cr.P.C., FR was filed in the court in connection with F.I.R. No.118/2016, and at present a minor girl is living with his poor father, therefore, to securing her future, we deem it appropriate to direct the District Legal Service Authority, Barmer, to provide her interim compensation of Rs.1,21,000/- because proceedings upon protest petition is pending in the court concerned. 12. In view of above, the instant writ petition is disposed of with following directions: - 1. 12. In view of above, the instant writ petition is disposed of with following directions: - 1. The SHO, Police Station-Shiv, District Barmer, is directed to provide adequate security to the complainant, his minor daughter, Champa Kumari, including his family members as and when required. 2. The learned A.C.J.M., Barmer, before whom proceedings upon protest petition filed by the complainant against the FR submitted by the police in FIR No.118/2016 dated 18.06.2016 registered at Police Station Shiv, District Barmer, going on, shall consider the statements recorded under Section 202 Cr.P.C. and the statements of Champa Kumari recorded u/s 164 Cr.P.C. during trial and pass final order with regard to prayer of taking cognizance strictly in accordance with law within two months. 3. The District Legal Service Authority, Barmer, is directed to pay interim compensation of Rs.1,21,000/- to victim Ms. Champa Kumari under the Victim Compensation Scheme, 2011. The aforesaid amount may be deposited in the name of Ms. Champa Kumar in a Fixed Deposit in a nationalized Bank near to her village-Gunga, initially for a period of three years and the interest accrued thereon, shall be paid to her monthly. For the said purpose a Bank account may be opened in the name of Ms. Champa Kumari. It is further directed that after expiry of three years, the amount kept in Fixed Deposit may be disbursed to Champa Kumari for her welfare. 4. The District Legal Service Authority, Barmer, shall provide legal assistance to Champa Kumar, daughter of complainant, for declaring her marriage with Basta Ram to be void, in the competent court and amicus curiae may also be appointed in this regard. 5. The Superintendent of Police, Barmer, is directed to ensure that no child marriage is solemnized in the area on the eve of ‘Aakhateej’ onwards. 6. In view of the fact birth registration is necessary, for which an application form is provided by the State Government, therefore, the State Government is directed to incorporate a condition in the application form for registration of birth of child, itself that the person applying for issuance of birth certificate shall file an affidavit/undertaking stating therein that he/she shall not marry their son or daughter, until and unless, they attain the age of 21 years (in the case of male child) or 18 years (in the case of female child), as the case may be.