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2025 DAILYLAW 36890 (RAJ)

ROSHANI D/O SHRI NAGENDRA W/O PAPPU LAL SAINI v. STATE OF RAJASTHAN

CRLMP/5660/2018 · 2025-11-03

Anand Sharma

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Judgment text

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[2025:RJ-JP:44140] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5660/2018 1. Roshani D/o Shri Nagendra W/o Pappu Lal Saini, Aged About 19 Years, R/o H 15, Indra Nagar, Jhallana Road, Malviya Nagar, Jaipur, Rajasthan. 2. Pappu Lal Saini S/o Prabhat Lal Saini, Aged About 34 Years, R/o Mangarh, Khokhawala, Jaipur, Rajasthan. ----Petitioners Versus 1. State Of Rajasthan, Through P.P. 2. The S.h.o., Police Station Pratap Nagar, Jaipur, Rajasthan. 3. Nagendra Singh S/o Govind Singh, R/o 49/7, Krishna Apartment Pratap Nagar, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 03/11/2025 1. Petitioners have challenged the FIR No. 789/2018 registered at Police Station Pratap Nagar, District Jaipur City (East) on 29.08.2018. It has been alleged in the FIR lodged by father of the victim that his daughter has been abducted by the petitioner. 2. This petition has been filed jointly by the daughter of the complainant as well as the accused-petitioner. The accused- petitioner was personally present before the Coordinate Bench of this Court on 14.09.2018 and this Court directed the Deputy Registrar (Judicial) to record statement of petitioner No.1 i.e daughter of the complainant. In compliance of directions, statements were recorded by the Registrar (Judicial), which are [2025:RJ-JP:44140] (2 of 3) [CRLMP-5660/2018] reproduced in subsequent order dated 27.09.2018. As per statement of the victim, she has stated that she had voluntarily left her home to go with the accused-petitioner only for the reason that her parents did not agree for her marriage with the accused- petitioner. It was further stated in the statement by the victim that on 29.08.2018, they have performed marriage at Arya Samaj Mandir, Gaziabad and the marriage has also been registered by the Competent Authority, which is Annexure-2 in the petition. 3. After examining the statements, Coordinate Bench of this Court vide order dated 27.09.2018 directed the Investigating Officer to get the age of the victim petitioner No.1 determined by producing her before a Medical Board comprising of three doctors and report was directed to be produced before this Court. Accordingly, the petitioner No.1 victim was examined by the Medical Board and report dated 09.10.2018 has been sent to the office of Deputy Registrar (Judicial) of this Court by the members of the Medical Board. As per report of physical examination, dental examination, radiological examination of petitioner No.1-victim, she was aged more than 18 years and less than 20 years from the date of examination. 4. In the light above, where the petitioner No.1 victim was a major girl and she voluntarily performed marriage with petitioner No.2 and their marriage has also been registered by the competent authority. This Court deems it just and proper to exercise its inherent jurisdiction and to quash the FIR No. 789/2018 registered at Police Station Pratap Nagar, District Jaipur City (East). [2025:RJ-JP:44140] (3 of 3) [CRLMP-5660/2018] The instant criminal misc. petition stands allowed, accordingly. (ANAND SHARMA),J NEERU/38