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2019 Supreme(Raj) 2562

IN THE HIGH COURT OF RAJASTHAN
Kanwaljit Singh Ahluwalia, J.
Monika And Another - Appellant
Versus
State Of Rajasthan And Others - Respondent
Criminal Miscellaneous (Petition) No. 796 of 2019
Decided On : 11-02-2019

Advocates Appeared:
Petitioners Smt. Monika and Trilochan are present in person, for the Appellants; None present, for the Respondents

A major individual has the right to live as per their wishes and cannot be abducted or harmed.

Headnote:

QUASHING OF FIR - PROTECTION OF LIFE AND LIBERTY - SECTION 365 IPC - SECTION 164 CRPC - The court quashed an FIR registered under Section 365 IPC for abduction and directed the police to provide protection to the petitioners, a couple who had married against the wishes of their families.

Fact of the Case:

The petitioners, a couple who had married against the wishes of their families, filed a petition under Section 482 Cr.P.C. seeking protection of their lives and quashing of an FIR registered against them for abduction.

Finding of the Court:

The court found that the petitioner, a woman, was nineteen years old and therefore a major, entitled to live as per her wishes. The court also noted that the FIR was registered without recording the statement of the woman under Section 164 Cr.P.C.

Issues: 1. Whether the FIR registered for abduction was valid since the woman was a major and had married willingly? 2. Whether the police were obligated to provide protection to the petitioners?

Ratio Decidendi: 1. The court held that the FIR registered for abduction was not valid since the woman was a major and had married willingly. The court relied on the statement recorded by the woman in which she stated that she was nineteen years old and had married the petitioner of her own free will. 2. The court held that the police were obligated to provide protection to the petitioners since they were facing threats to their lives and liberty.

Final Decision: The court quashed the FIR registered for abduction and directed the police to provide protection to the petitioners.

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. The said statement is taken on record and for ready reference is reproduced below:-

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      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. 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 th

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