Radheyshyam Vs State of Rajasthan through Pp

Petitioner has preferred this Criminal Miscellaneous Petition for quashing of FIR No.217/2015 registered at Police Station Khetri, District Jhunjhunu for the offence under Section 363 of IPC.

Notices were issued to the complainant but no-one has put in appearance inspite of service.

It is contended by counsel for the petitioner that the allegation against the petitioner is of kidnapping the prosecutrix. Petitioner has contacted marriage with the prosecutrix way back in the year 2016. Certificate of registration of marriage is also annexed with the petition.

Prosecutrix is present in Court and has not disputed the fact of her marriage. She has also got a child from the said marriage.

(2 of 2)

[CRLMP-4619/2016]

In view of the fact that petitioner has contacted marriage with the prosecutrix and complainant has not put in appearance inspite of service, no purpose would be served in continuing the proceedings under Section 363 of IPC when petitioner and prosecutrix have contacted marriage and have also got a child, the misc. petition is accordingly allowed and FIR No. 217/2015 registered at Police Station Khetri, District Jhunjhunu and any proceedings thereon are quashed.

(PANKAJ BHANDARI),J

Simple Kumawat /168

Radheyshyam v. State of Rajasthan through Pp