Dharamveer S/o Shri Panchya Ram v. State of Rajasthan, through P. P.
2019-05-13
GOVERDHAN BARDHAR, SABINA
body2019
DigiLaw.ai
ORDER : 1. Petitioner has filed this petition under Section 482 Code of Criminal Procedure, 1973 seeking quashing of the FIR No. 0085/2019, registered at Police Station Mahila Thana, Alwar, District Alwar (Rajasthan) for the offences under Section 366 and 504 of the Indian Penal Code, 1860. 2. Learned counsel for the petitioner has submitted that, in fact Komal Singh daughter of the complainant-Ramavtar has performed marriage with the petitioner of her own freewill. Hence, FIR-in-question was liable to be quashed. 3. Mr. Girish Khandewal, has appeared on behalf of the complainant-Ramavtar and has opposed the petition. 4. Statement of Komal Singh has been recorded in D.B. Habeas Corpus Petition No. 116/2019 today before the Registrar (Judicial). Copy of the same is taken on record in this case. Komal Singh has stated in her statement that she has performed marriage with Dharamveer Choudhary on 30.03.2019 of her own freewill and without any pressure. Now she is residing with her husband. Her father has lodged false case against Dharamveer Choudhary with regard to her abduction. Nobody has abducted her. She has stated that false case has been registered against her husband by her father and the proceedings in the false case against her husband be closed. She wants to live with her husband. 5. Admittedly, petitioner as well as Komal Singh are major. Petitioner and Komal Singh have performed marriage. Komal Singh has stated that she has performed marriage with the petitioner of her own freewill and she wants to live with him as his wife and she had not been abducted by the petitioner. Hence, continuation of criminal proceedings against the petitioner would be nothing but an abuse of process of law. Moreover, in case, criminal proceedings are allowed to continue against the petitioner, it will adversely effect the matrimonial life of Komal Singh, daughter of the complainant. 6. Accordingly criminal miscellaneous petition is allowed. Consequently, FIR No. 85/2019 registered at Police Station Mahila Thana, Alwar, District Alwar for the offences under Section 366, 504 of the Indian Penal Code, 1860 and all subsequent proceedings arising therefrom are quashed.