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2018 DIGILAW 1358 (RAJ)

Hansraj Meena v. State of Rajasthan

2018-05-25

GOVERDHAN BARDHAR, MOHAMMAD RAFIQ

body2018
JUDGMENT AND ORDER : 1. This petition under Section 482 Cr.P.C. has been filed by Hansraj Meena praying for quashment of FIR No. 67/2018 registered at Police Station Mehandwas, District Tonk for offence under Sections 363, 366 IPC. 2. The petitioner and Respondent No. 4, Ms. Priyanka Meena, aged 23 years and 19 years respectively, are present in person in the Court. While date of birth of the petitioner as per his Aadhar Card is 05.04.1994, date of birth of Respondent No. 4 as per her Aadhar Card is 05.01.1999. The petitioner submits that the petitioner and Respondent No. 4, have known each other for long. They fell in love and eventually married on 09.04.2018 at Bheetariya Kund-Rawatbhata Road, Kota in a temple. The petitioner has placed on record consent agreement executed by both of them on a non-judicial stamp of Rs. 500/- which is duly attested by Notary Public on 09.04.2018. Pandit Asharam Shastri, who solemnized their marriage has issued a certificate about their marriage which is also placed on record. Copies of the affidavits of the petitioner and Respondent no. 4 separately executed on non-judicial stamp of Rs. 100/- each on 09.04.2018 stating on oath about their marriage and attested by Notary Public, have also been placed on record. Photographs of their marriage have also been placed on record. 3. This case has a chequered history. And the present petition has been filed in rather unusual circumstances. The petitioner, Hemraj Meena and Respondent No. 4, Ms. Priyanka Meena initially jointly filed S.B. Criminal Misc. Petition No. 2067/2018 under Section 482 Cr.P.C. before this Court wherein Mr. Jagdish Meena, father of Ms. Priyanka Meena was impleaded as Respondent No. 5. Therein, it was assented that they have contracted marriage and the said Respondent No. 5 was opposed to their marriage. They apprehend danger to their life. A Single Bench of this Court vide order dated 19.04.2018 disposed of the petition with direction to concerned S.H.O. to ensure necessary vigil that no harm is caused to the life and liberty of the petitioners therein at the hands of those, who were opposing their marriage. At the same, it was also observed that said order was being passed without determining the age and marriage of the petitioners therein and was being decided on the ground that those, who are opposed to the marriage, cannot cause harm to anybody. 4. At the same, it was also observed that said order was being passed without determining the age and marriage of the petitioners therein and was being decided on the ground that those, who are opposed to the marriage, cannot cause harm to anybody. 4. Subsequently, the petitioner filed Habeas Corpus Petition No. 68/2018 in this Court alleging that after passing of aforesaid order, when the petitioner and his wife Priyanka Meena left the High Court Campus, Jagdish Meena and his relatives forcibly took away her and in the process of scuffle, the petitioner suffered injuries. Even though he made complaint to S.H.O. Police Station Ashok Nagar, Jaipur but no action was taken. On direction of the Court, Ms. Priyanka Meena was produced before this Court on 01.05.2018. Her statement was recorded by Deputy Registrar (Judicial) of this Court, in which she made allegation against the petitioner that it was he, who forcibly took her away to Kota and contracted marriage with her under threat and then he brought her to Jaipur. She expressed the desire to stay with her parents. When the aforesaid statement was brought on record, this Court again enquired from Ms. Priyanka Meena as to the correctness of the contents of said statement, she again expressed the desire to go to her parents. In these circumstances, the aforesaid habeas corpus petition was dismissed by this Court vide order dated 01.05.2018 setting Ms. Priyanka Meena at liberty to go to her parents. 5. Therefore again, Hansraj Meena filed a petition under Section 482 Cr.P.C. before the Single Bench of this Court. The petitioner has expressed the apprehension that the police would arrest him in connection with investigation of aforesaid FIR No. 67/2018. He again asserted that his marriage was solemnized with Respondent No. 4, Ms. Priyanka Meena with her free consent and her father, brother and other relatives are harassing and torturing the petitioner and Ms. Priyanka Meena and threatened them of dire consequences. The police is acting under influence of father and family members of Ms. Priyanka Meena. The petitioner also submitted that on earlier occasion, Ms. Priyanka Meena was made to give statement before Deputy Registrar (Judicial) of this Court under duress and coercion. 6. Priyanka Meena and threatened them of dire consequences. The police is acting under influence of father and family members of Ms. Priyanka Meena. The petitioner also submitted that on earlier occasion, Ms. Priyanka Meena was made to give statement before Deputy Registrar (Judicial) of this Court under duress and coercion. 6. The Single Bench of this Court vide order dated 16.05.2018 issued notice of this petition to Respondents No. 4 with direction to Respondent No. 3, S.H.O. Police Station Mehandwas, District Tonk to produce her before the Court. Mr. Chittar Singh, S.H.O. Police Station Mehandwas, District Tonk has produced Respondent No. 4, Ms. Priyanka Meena before the Court. Ms. Priyanka Meena has submitted that she, in her earlier statement before the Deputy Registrar (Judicial) of this Court, made allegation against the petitioner and specifically expressed desire to go with her parents under duress and coercion of her parents and his relatives. She had come to the Court today with her cousin. She submits that her parents have threatened to kill her and the petitioner and they should be provided police protection. On being repeatedly asked by the Court whether this is her final stand, she submitted that she is making such statement with full sense of responsibility and that she would not change her version at any point of time in future now. She has denied that the petitioner ever abducted her and rather stated that she accompanied the petitioner at her free will. 7. Our earlier order dated 01.05.2018 passed by this Court in Habeas Corpus Petition No. 68/2018 was based on a different statement given by Ms. Priyanka Meena, which she has now completely disowned and admits that her marriage was indeed solemnized with the petitioner and she wants to go with her husband. Unusual though this order may sound but looking to resolve of Ms. Priyanka Meena, we are persuaded to allow this petition. 8. Consequently, present petition under Section 482 Cr.P.C. is allowed. FIR No. 67/2018 registered at Police Station Mehandwas, District Tonk for offence under Sections 363, 366 IPC is set aside. Superintendent of Police, Tonk, S.H.O. Police Station Mehandwas, District Tonk and S.H.O. Police Station Nagar Fort, District Tonk are directed to ensure that no harm is caused to the person and liberty of the petitioner and Respondent No. 4, Ms. FIR No. 67/2018 registered at Police Station Mehandwas, District Tonk for offence under Sections 363, 366 IPC is set aside. Superintendent of Police, Tonk, S.H.O. Police Station Mehandwas, District Tonk and S.H.O. Police Station Nagar Fort, District Tonk are directed to ensure that no harm is caused to the person and liberty of the petitioner and Respondent No. 4, Ms. Priyanka Meena and convey in writing to father of Priyanka Meena for not interferring in their life. S.H.O. Police Station Mehendwas, District Tonk, who is present in the Court is directed to ensure that Ms. Priyanka Meena with the petitioner safely reaches her matrimonial home i.e. the house of the petitioner and no harm is caused to them en-route. 9. At this stage, the petitioner submits that his original mark sheets of Class X, XII and Graduation, Caste Certificate, Driving Licence, two mobile handsets were snatched by Kamlesh Meena and Balram Meena in the area of Ashok Nagar Police Station, Jaipur and necessary directions be issued to the police to get the aforesaid documents and mobile handsets recovered. If that be so, the petitioner may make a written complaint to S.H.O. Police Station Ashok Nagar, Jaipur giving complete particulars of the documents and mobile handsets and any other thing that were snatched, who shall undertake necessary investigation and take steps to recover the documents and mobile handsets in accordance with law.