Allowed

Sangita Kumari D/O Ram Kishan Singh, W/O Ajay Singh v. State of Rajasthan

Rajasthan HC9 May 2019CRLMP/2178/2019

Case brief

AI extract

What is this about?

This Criminal Miscellaneous Petition sought quashing of an FIR alleging kidnapping. The High Court quashed the FIR and issued directions to prevent harassment, holding that Section 362 offence was not made out as the parties married on their free will. Additionally, it is a short order.

What did the court decide?

FIR quashed; Directions issued to SHO to ensure no harm to petitioners by Respondent No.2 and his family.

Sangita Kumari D/O Ram Kishan Singh, W/O Ajay Singh Vs… — Quashing and FIR | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2178/2019

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Sangita Kumari D/o Ram Kishan Singh, W/o Ajay Singh, Aged About 26 Years, R/o Hanuman Mandir Ke Pass, Rundhiya Nagar, Bharatpur.

¶4

Ajay Singh S/o Randhir Singh, Aged About 26 Years, R/o Rundhiya Nagar, Kotwali, Bharatpur.

¶5

----Petitioners

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Versus

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State Of Rajasthan, Through Pp.

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Jitendra S/o Ram Kishan, R/o Rundhiya Nagar, Kotwali, Bharatpur.

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Director General Of Police, Police Head Quarter, Lal Kothi, Jaipur.

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The Commissioner Of Police, Jaipur.

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The Station House Officer, Police Station Kotwali, Bharatpur.

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----Respondents

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For Petitioner(s) : Mr. Nagendra Sharma For State : Mr. Arvind Kumar Chawla, PP For Respondent : Mr. Nikhlesh Katara No.2(s)

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HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order

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09/05/2019

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Petitioners have moved this Criminal Miscellaneous Petition for quashing of F.I.R. No.81/2019 and with a further prayer for issuing of directions to the Respondent No.1 not to harass, torture & humiliate the petitioners and relatives of Petitioner No.2.

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It is contended by counsel for the petitioners that statement of Petitioner No.1 was recorded by Registrar (Judicial) in compliance with directions of the Court dated 02.04.2019.

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(2 of 2)

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[CRLMP-2178/2019]

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Petitioner No.1 in her statement, recorded before Registrar (Judicial) has stated that she is a major aged 26 years. She went with the Petitioner No.2 on her own free will and that she was not kidnapped by Petitioner No.2. Both the petitioners are present today in Court. They state that they are both major and they have married. Certificate of registration of marriage is also submitted by them.

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Counsel appearing for Respondent No.2 states that they were not aware that Petitioner No.1 had gone on her own free will. F.I.R. was lodged as the sister of petitioner went missing.

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I have considered the contentions.

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In view of the fact that petitioners are present before the Court and Petitioner No.1 has deposed that she went on her own free will with Petitioner No.2 and that they have solemnized a marriage which is established by certificate of registration of marriage; offence of kidnapping is not made out, the present Criminal Miscellaneous Petition, therefore, deserves to be and is accordingly allowed. Stay application stands disposed.

¶24

F.I.R. No.81/2019 registered at Police Station Kotwali, Bharatpur is quashed.

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Since petitioners are major and have married on their free will, their liberty is required to be protected. Petitioners are directed to appear before the Respondent No.5 who shall ensure that no harm is caused to the petitioners from Respondent No.2 and his family members.

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(PANKAJ BHANDARI),J

¶27

AMIT KUMAR /123

Sangita Kumari D/O Ram Kishan Singh, W/O Ajay Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sangita Kumari D/O Ram Kishan Singh, W/O Ajay Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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