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2020 DAILYLAW 785 (RAJ)

GORA DEVI W/O LATE SRIMOHAN, D/O GOPAL B/C GURJAR v. STATE OF RAJASTHAN

CRLMP/309/2020 · 2026-03-28

Anoop Kumar Dhand

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 309/2020 Gora Devi W/o Late Srimohan, D/o Gopal, Aged About 25 Years, R/o Vandapura, Kailadevi, District Karauli, Presently R/o Village Unchi Gubadi, Police Station Sapotra, Tehsil Sapotra, District Karauli, Raj. ----Petitioner Versus 1. State Of Rajasthan, Through Pp. 2. The Superintendent Of Police, Karauli, District Karauli. 3. The Station House Officer, Police Station Kailadevi, District Karauli. 4. Hukam Gurjar S/o Shri Kishan Lal Gurjar, R/o Vandapura, Kailadevi, District Karauli, Raj. ----Respondents For Petitioner(s) : Mr.Rahul Sharma for Mr.Rajneesh Gupta For Respondent(s) : Mr.N.S. Dhakar, PP JUSTICE ANOOP KUMAR DHAND Order 28/03/2026 1. The instant criminal misc. petition has been filed with the following prayer:- “It is, therefore, prayed that your Lordships may be pleased to accept and allow this criminal miscellaneous petition, call entire record pertaining to the present matter; (i) may kindly direct the respondents to provide adequate police protection/security to the life and liberty of the petitioner; (2 of 3) [CRLMP-309/2020] (ii) may kindly direct the respondent No.1 to 3 not to further investigate, drop the proceedings in the MPR No.0003/2019; (iii) may kindly quash and set aside the MPR No.0003/2019 registered at Police Station, Kailadevi, District Karauli; (iv) Such other order which this Hon’ble court may deems fit and proper in the facts and circumstances of the case also be passed in favour of humble petitioner.” 2. By way of filing the instant criminal misc. petition, multiple prayers have been made. 3. Learned counsel for the petitioner submits that after the death of the husband of the petitioner, her in-laws and brother-in- laws insisted her to perform Nata Marriage with her brother-in-law for which the petitioner refused and left the matrimonial home and thereafter, they lodged a Missing Person Report No.3/2019 with Police Station Kailadevi, District Karauli. Counsel submits that the petitioner is a major lady and she cannot be forced to perform Nata Marriage with anyone against her wishes and he approached this Court by way of filing the instant petition seeking protection. 4. Learned Public Prosecutor apprised this Court that this Court vide order dated 17.02.2020 passed an interim order stating that no coercive action be taken against the petitioner in pursuance of the Missing Persons Report No.3/2019 and thereafter, when the petitioner was enquired about her wishes, then she has expressed her wish and will to reside with Surgyan S/o Devi Lal and accordingly, her custody was handed over to the said person. Counsel submits that under the changed circumstances, no cause (3 of 3) [CRLMP-309/2020] of action survives with the petitioner to continue with the instant petition and the same has become infructuous. 5. Considering the above factual aspect of the matter, the instant misc. petition is rendered as infructuous. The instant criminal misc. petition stands dismissed as having become infructuous. Stay application and all pending application(s), if any, stand disposed of. 6. The factual report dated 27.03.2026 furnished by the S.H.O., Police Station Kailadevi, District Karauli is ordered to be retained on record. (ANOOP KUMAR DHAND),J Aayush Sharma /55