Allowed

Manish Kumar S/O Surajmal Meghwal B/C Meghwal v. State of Rajasthan

Rajasthan HC2 Dec 2023CRLMP/5261/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan quashed an FIR filed under Sections 363 and 366 IPC against a married couple (petitioners) who are major adults. The Court held that as adult citizens exercising their right to choose partners, the petitioner's mother could not dictate their lives, and the offense was not made out.

What did the court decide?

Impugned FIR No. 232/2019 registered at Police Station Sadar Baran for offences under Sections 363, 366 IPC is quashed and set aside.

Manish Kumar S/O Surajmal Meghwal B/C Meghwal Vs… — Cheating and Forgery | Rajasthan HC (2023)

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[2023:RJ-JP:37373]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 5261/2019

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Manish Kumar S/o Surajmal Meghwal, R/o Barani, Police Station Sadar Baran, District Bran, Raj.

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Anjana Meghwal D/o Dhanna Lal, W/o Manish Kumar, R/o Ward No.07, Chhajawa, Dhoti, Tehsil Baran, Chhajawa, Dhoti, Tehsil Baran, District Baran, Raj., At Present R/o Barani, Police Station Sadar Baran, District Bran, Raj.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp.

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Superintendent Of Police, Baran, District Baran, Raj.

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SHO Police Station Sadar Baran, District Baran, Raj.

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Smt. Yashoda W/o Dhanna Lal, R/o Barani, Police Station Sadar Baran, District Baran, Raj.

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----Respondents

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For Petitioner(s) : Mr. Aditya Khandelwal for Mr. Girish Khandelwal For Respondent(s) : Mr. Babu Lal Nasuna, PP

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HON'BLE MR. JUSTICE SAMEER JAIN Order

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02/12/2023

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Present criminal misc. petition under Section 482 of Cr.P.C. is filed with the following prayers:

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“It is, therefore, prayed that your Lordships may graciously be pleased to accept and allow this Misc. 482 petition and further be pleased to quash and set aside FIR No. 232/2019 Annexure-3 registered at Police Station Sadar Baran District Baran and in the interest of justice the official respondents may kindly be directed not to harass, torture and humiliate the petitioners and further the respondents authorities may kindly be direction to protect the matrimonial life and liberty of the petitioners from the private respondents and petitioners may be provided adequate security and protection of their life and liberty.”

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Learned counsel for the petitioners submits that both the petitioners are major with petitioner No. 1 being aged about 29

[2023:RJ-JP:37373]

[CRLMP-5261/2019]

(2 of 2)

years and petitioner No. 2 being aged about 25 years. It is submitted that the petitioners as adult citizens have a right to choose their partners. It is contended that the private respondent, who is the mother of petitioner No. 2, cannot determine how individuals live their lives, especially when they are major, irrespective of the fact that the relation between two major individuals is not approved by their family members. It is further submitted that petitioners have been living together as husband and wife since 15.07.2019 and the copy of agreement regarding marriage along with affidavit of petitioner No. 2 is also on record and marked as Annexure-2. Therefore, in these facts and circumstances, the offence(s) alleged are not made out.

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Despite service, no one appeared on behalf of respondent No. 4 to controvert the submissions made on behalf of the petitioners. Learned Public Prosecutor also could not controvert the fact that the petitioners are major and living together as husband and wife out of their own free will. 4. Considering that the petitioners are major and adult citizens who have chosen to live together as husband and wife, this court is inclined to quash the impugned FIR. 5. Accordingly, the impugned FIR No. 232/2019 registered at police station Sadar Baran District Baran for the offence(s) under Sections 363, 366 of IPC, is quashed and set aside.

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The present criminal misc. petition is allowed in above terms. Pending applications, if any, are disposed of.

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(SAMEER JAIN),J

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Pooja /412

Manish Kumar S/O Surajmal Meghwal B/C Meghwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manish Kumar S/O Surajmal Meghwal B/C Meghwal v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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