Smt Sonu and Anr. Vs State of Rajasthan and Ors. — Rajasthan HC (2025) — LawSathi Research

Smt Sonu and Anr. Vs State of Rajasthan and Ors. — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing and setting aside of FIR No.121/2015 registered at Police Station-Nimrana, District-Alwar for alleged offences under Sections 363 & 366 of IPC, along with all subsequent proceedings; pending application(s), if any, disposed of.

Issue for consideration

Whether FIR No.121/2015 registered at Police Station Nimrana, District Alwar, for alleged offences under Sections 363 & 366 IPC (lodged by the father of petitioner No.1 alleging abduction of petitioner No.1 by petitioner No.2) should be quashed. +1 more

Court's answer

In view of the consensus between the parties, the complainant's no objection, and the guidelines laid down by the Hon'ble Supreme Court in Gian Singh Vs. State of Punjab & Anr. ((2012) 10 SCC 303), this Court, while exercising its inherent powers under Section 482 Cr.P.C. in order to secure the ends of justice and to prevent vexatious use of legal process, deemed it just and proper to quash and set aside FIR No.121/2015 registered at Police Station Nimrana, District Alwar (Sections 363 & 366 IPC) along with all subsequent proceedings.

Ratio / Principle

Since both petitioners have solemnized marriage in accordance with law and the marriage stands registered in the Office of Registrar of Marriage, the allegations levelled in the FIR have become fallacious and petitioner No.2 cannot be prosecuted pursuant to the impugned FIR.

Detailed headnote1 paragraphs

S.B. Criminal Writ Petition No.110/2015 (Rajasthan High Court, Jaipur Bench; decided 21/11/2025 by Hon'ble Mr. Justice Anand Sharma): Joint petition by Smt. Sonu and Shri Dharamveer @ Dhapad seeking quashing of FIR No.121/2015, Police Station Nimrana, District Alwar, for alleged offences under Sections 363 & 366 IPC, lodged by the father of petitioner No.1 (Shri Rajveer) with the allegation that petitioner No.2 had abducted her. Counsel for the petitioners submitted that both were major at the relevant time, that petitioner No.1 voluntarily went with petitioner No.2 for marriage as her father refused consent, that the marriage was solemnized on 06.04.2015 at Arya Samaj Vedic Vivah Mandal and registered with the Registrar of Marriage on 09.04.2015, and that the couple are leading happy marital life. Counsel for the respondent-complainant stated he had instructions not to pursue the FIR and raised no objection to its quashing. Holding that the FIR allegations had become fallacious after the lawful, registered marriage, and relying on the Supreme Court guidelines in Gian Singh Vs. State of Punjab & Anr., (2012) 10 SCC 303, the Court exercised its inherent powers under Section 482 Cr.P.C. to secure the ends of justice and prevent vexatious use of legal process, quashed FIR No.121/2015 along with all subsequent proceedings, allowed the petition, and disposed of pending application(s).

[2025:RJ-JP:47159]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Writ Petition No.110/2015

Smt. Sonu W/o Shri Dharamveer, D/o Shri Rajveer, aged about 19 years, R/o Village Gilot, Tehsil Behror (at present Neemrana), District Alwar (Raj.).

Shri Dharamveer @ Dhapad S/o Shri Rajendra, aged about 25 years, R/o Villae Partapur, Chak No. Tehsil Behror (at present Neemrana), District Alwar, (Raj.).

----Petitioners

Versus

The State of Rajasthan through the Secretary, Department of Homes, Secretariat, Jaipur.

The Superintendent of Police, Alwar, District Alwar.

The Station House Officer, Police Station Neemrana, District Alwar.

----Respondents

Shri Rajveer S/o Shri Jaidayal, aged about 40 years, R/o Village Gilot, Police Station Neemrana, District Alwar (Raj.).

----Respondent/Complainant

For Petitioner(s)	:	Mr. Chitransh Saxena on behalf of Mr. Kapil Gupta
For Respondent(s)	:	Mr. Manvendra Singh Shekhawat, PP Mr. Ankit Kumar Sharma on behalf of
		Mr. Gaurav Gupta

HON'BLE MR. JUSTICE ANAND SHARMA

Order

21/11/2025

This joint petition has been filed by the petitioners with a prayer to quash FIR No.121/2015 registered at Police StationNimrana, District-Alwar for alleged offences under Sections 363 & 366 of IPC, which has been lodged by the father of petitioner No.1 with the allegation that the petitioner No.2 had abducted the petitioner No.1.

[2025:RJ-JP:47159]

[CRLW-110/2015]

(2 of 3)

Learned counsel for the petitioners submits that both the petitioners were major at the relevant time when the FIR was lodged; and that the petitioner No.1 voluntarily went along with petitioner No.2 for performing marriage, as her father did not tender consent with regard to the said marriage. It is also submitted that marriage has taken place on 06.04.2015 in Arya Samaj Vedic Vivah Mandal, which was subsequently registered with the Office of Registrar of Marriage on 09.04.2015 and thereafter, both the petitioners are leading happy marital life.

Learned counsel for the respondent-complainant, in view of the fact that now both the petitioners have performed marriage, submits that he has got instructions not to pursue the impugned FIR against the petitioners and has also not objected, in case, FIR is quashed.

In the light of above, where the allegation against petitioner No.2 was with regard to abducting petitioner No.1, however, from bare perusal of the facts on record it reveals that both the petitioners have solemnized marriage in accordance with law, which has already been registered in the Office of Registrar of Marriage, the allegations levelled in the FIR have become fallacious and the petitioner No.2 cannot be prosecuted pursuant to impugned FIR. Moreso, learned counsel for the complainant has also given his no objection for quashing the FIR, therefore, in the light of above consensus between the parties, and in view of the guidelines laid down by the Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303, this Court while exercising its inherent powers under Section 482 Cr.P.C., and in order to secure the ends of justice and

(3 of 3)

[2025:RJ-JP:47159]

[CRLW-110/2015]

to prevent vexatious use of legal process, deems it just and proper to quash and set aside FIR No.121/2015 registered at Police Station-Nimrana, District-Alwar for alleged offences under Sections 363 & 366 of IPC along with all subsequent proceedings.

Accordingly, the present Criminal Writ Petition stands

allowed.

Pending application(s), if any, also stands disposed of.

(ANAND SHARMA),J

DAKSH/52