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[2025:RJ-JP:47159] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No.110/2015
1. 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.).
2. 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
1. The State of Rajasthan through the Secretary, Department of Homes, Secretariat, Jaipur.
2. The Superintendent of Police, Alwar, District Alwar.
3. The Station House Officer, Police Station Neemrana, District Alwar. ----Respondents
4. 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
1. This joint petition has been filed by the petitioners with a prayer to quash FIR No.121/2015 registered at Police Station- Nimrana, 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] (2 of 3) [CRLW-110/2015]
2.
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.
3.
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.
4. 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
[2025:RJ-JP:47159] (3 of 3) [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.
5. Accordingly, the present Criminal Writ Petition stands allowed.
6. Pending application(s), if any, also stands disposed of.
(ANAND SHARMA),J DAKSH/52