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2018 DIGILAW 2256 (RAJ)

Rahul Khan v. State of Rajasthan

2018-12-05

KANWALJIT SINGH AHLUWALIA

body2018
JUDGMENT 1. Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.182/2018, registered at Police Station Chaupanki, District Alwar for offences under Section 363, 366-A IPC. This Court on 29.10.2018 had passed the following order:- "Instant petition has been preferred under Section 482 Cr.P.C. seeking quashing of impugned F.I.R. No. 182/2018 registered at Police Station Chaupanki District Alwar for offences punishable under Sections 363 and 366-A I.P.C.The learned counsel appearing for the petitioner contends that the petitioner performed marriage with Sunita @ Sanna, who is more than eighteen years of age. Counsel further contends that Sunita @ Sanna had performed marriage with the petitioner, as per own free will and accord. Counsel submits that Sunita @ Sanna is living with the petitioner happily. Counsel further submits that Sunita @ Sanna, along with the petitioner had filed Criminal Miscellaneous Petition bearing No.CRM-M No.45745/2018, titled as Sunita @ Sanna and another Vs. State of Haryana and Others, in the Punjab & Haryana High Court, where the Court had given appropriate directions. Let at first instance statement of Sunita, who is present in the Court, be recorded by Deputy Registrar (Judicial), upon her identification by the Counsel today itself. The learned Public Prosecutor appearing for the State is directed to call concerned Investigating Officer in the Court, along with the record of the case on the next date fixed before this Court. Investigating Officer is further directed to serve notice upon respondent No.4 regarding pendency of the present petition and the next date fixed before this Court. List on 02.11.2018. Meanwhile, the further proceedings arising out of impugned F.I.R. shall remain stayed. A further direction is issued to the Investigating Officer to provide protection to the petitioner and Sunita @ Sanna, newly married couple so that no harm is caused to their life and liberty. Let a copy of this order, under the seal and signatures of the Court Master, be handed over to Id. Public Prosecutor appearing for the State, for onward transmission and necessary compliance." 2. Today, Mr. Vikram Singh, A.S.I., Investigating Officer is present in Court. He has stated that as per record of the investigation, Sunita @ Sanna when left the house of her parents was aged 18 years and 2 months. Public Prosecutor appearing for the State, for onward transmission and necessary compliance." 2. Today, Mr. Vikram Singh, A.S.I., Investigating Officer is present in Court. He has stated that as per record of the investigation, Sunita @ Sanna when left the house of her parents was aged 18 years and 2 months. It is not denied by the learnedPublic Prosecutor that Sunita @ Sanna being major has performed marriage with petitioner as per her own wish and accord. 3. Counsel for the petitioner has stated at the Bar that now Sunita @ Sanna has also delivered a child from the loins of the petitioner. 4. Considering that Sunita @ Sanna being major has performed marriage as per her own wishes and she is living happily with the petitioner as his wife and petitioner and Sunita have been blessed with a child, this Court is of the view that continuation of the criminal proceedings arising out of FIR No. 182/2018 shall serve no useful purpose. 5. Consequently, in the interest of justice, the impugned FIR No. 182/2018, registered at Police Station Chaupanki, District Alwar for offences under Section 363, 366-A IPC is quashed along with all subsequent proceedings.