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2019 DIGILAW 490 (RAJ)

Monika v. State of Rajasthan

2019-02-11

KANWALJIT SINGH AHLUWALIA

body2019
JUDGMENT 1. The present petition has been filed under Section 482 Cr.P.C. praying that a direction be issued to the respondent Nos. 1 to 4 to protect lives of the petitioners and quash the FIR No. 18/2019 registered at Police Station Buhana, District Jhunjhunu for the offence under Section 365 IPC. 2. This order may be read in continuation of earlier order passed by this Court on 4.2.2019, 7.2.2019 and 8.2.2019. 3. In the earlier session today, this Court had passed the following order:- "Smt. Monika has been produced in this Court by Shri Bhanwar Lal, Sub Inspector. Smt. Monika has stated that she is aged nineteen years. She has further stated that she has performed marriage with petitioner No. 2 and she intends to accompany her husband. Let at first instance, statement of petitioner No. 1 be recorded by Registrar (Judicial) of this Court today after she is duly identified by Sub Inspector, Bhanwar Lal. List after statement is received." 4. In pursuance of the aforesaid order, statement of petitioner No. 1 Smt. Monika has been recorded by Registrar (Judicial) of this Court. Let at first instance, statement of petitioner No. 1 be recorded by Registrar (Judicial) of this Court today after she is duly identified by Sub Inspector, Bhanwar Lal. List after statement is received." 4. In pursuance of the aforesaid order, statement of petitioner No. 1 Smt. Monika has been recorded by Registrar (Judicial) of this Court. The said statement is taken on record and for ready reference is reproduced below:- ^^jktLFkku mPp U;k;ky; ihB] t;iqj ,lŒchŒ fØfeuy felŒ ihfV'ku uEcj 796@2019 Jhefr eksfudk o vU; cuke jktLFkku ljdkj o vU; fnukad 11-02-2019 eSa eksfudk iRuh Jh f=ykspu iq=h Jh ljQwn~nhu] tkfr rsyh] vk;q 19 o"kZ] fuoklh & xkao >kjksMk rglhy cqgkuk] ftyk & >aq>uwA 'kiFkiwoZd c;ku djrh gaw fd eSa f=ykspu dks fiNys pkj lky ls tkurh gawA f=ykspu gekjs xkao dk gh jgus okyk gSA gekjh vkil esa ckrphr gksrh Fkh vkSj ge ,d&nwljs dks ilan djrs FksA ge 'kknh djuk pkgrs FksA ysfdu esjs ifjokjokys bl 'kknh ds fy;s jkth ugha FksA esjs ?kjokys esjh 'kknh dgh vkSj djuk pkgrs FksA ysfdu eSa f=ykspu ls 'kknh djuk pkgrh Fkh] blfy, eSa fnukad 17-01-2019 dks ?kj ij fcuk crk;s f=ykspu ds ikl pyh x;h vkSj fnukad 17-01-2019 dks gh ge nksuks us fnYyh vk;Z lekt efUnj esa 'kknh dj yhA eSa viuh ethZ ls f=ykspu ds ikl x;h Fkh vkSj eSaus viuh ethZ ls ,oa fcuk fdlh ncko ds f=ykspu ds lkFk 'kknh dh gSA esjs ?kjokys bl 'kknh ls jkth ugha gSA eSa vkSj f=ykspu 'kknh ds ckn ls gh lkFk&lkFk jg jgs Fks ysfdu esjs ?kjokys eq>s fnukad 04-02-2019 dks tcjnLrh vius lkFk ys vk;sA eq>s ,oa f=ykspu dks esjs ?kjokyks ls tku dk [krjk gS gesa lqj{kk Ánku dh tk;sA eS Hkfo"; esa vius ifr f=ykspu ds lkFk gh jguk pkgrh gawA eq>s vkSj dqN ugha dguk gSA uksV & xokg dk c;ku esjs funsZ'ku esa mlds dgs vuqlkj Vad.kdrkZ }kjk dEI;wVj ij Vafdr fd;k x;k] ftls xokg dks i<+dj lquk;k o le>k;k x;k rks mlus mDr dFkuksa dks lqu o le> dj lgh gksuk Lohdkj fd;kA jftLVkj U;kf;dA** 5. Shri Ram Prakash, Dy. Superintendent of Police, Circle Officer, Buhana, District Jhunjhunu who is present in the court, has stated that as per record, petitioner No. 1 Smt. Monika is nineteen years old. 6. Admittedly, the petitioner No. 1 Smt. Monika is major, hence, she is entitled to live as per her wishes. Shri Ram Prakash, Dy. Superintendent of Police, Circle Officer, Buhana, District Jhunjhunu who is present in the court, has stated that as per record, petitioner No. 1 Smt. Monika is nineteen years old. 6. Admittedly, the petitioner No. 1 Smt. Monika is major, hence, she is entitled to live as per her wishes. Nobody can be permitted to cause physical harm to the petitioners. 7. After going through the contents of the petition, earlier orders passed by this Court on 4.2.2019, 7.2.2019 and 8.2.2019, a direction is issued to Shri Ram Prakash, Dy. Superintendent of Police, Circle Officer, Buhana, District Jhunjhunu to accompany the petitioners to Police Station Buhana, Jhunjhunu and he shall record a Daily Diary report regarding production of the petitioners in the said police station. Thereafter, he shall direct SHO, Police Station Buhana, District Jhunjhunu to ensure necessary vigil that no harm is caused to lives and liberty of the petitioners. 8. Taking totality of circumstances, the present petition is accepted and impugned FIR No. 18/2019 registered at Police Station Buhana, Jhunjhunu for offence under Section 365 IPC is quashed. 9. So far registration of case regarding abduction of petitioner No. 1 Smt. Monika from Sodala Circle is concerned, SHO, Police Station Sodala may proceed with the said FIR after recording statement of petitioner No. 1 under Section 164 Cr.P.C. 10. A copy of this order under the seal and signature of the Court Master be handed over to Shri Ram Prakash, Dy. Superintendent of Police, Circle Officer, Buhana, District Jhunjhunu and Mr. Bhanwar Lal, Sub Inspector for onward transmission and necessary compliance.