[2025:RJ-JP:43631] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7890/2019 1. Mulchand S/o Kshetrapal Singh, Aged About 22 Years, R/o Village Adalpur, Tehsil Khair, District Aligarh, Up. 2. Deepa W/o Mulchand, D/o Suresh Chand, Aged About 18 Years, R/o Aou Gate, Town Deeg, Tehsil Deeg, District Bharatpur, Raj. ----Petitioners Versus State Of Rajasthan, Through Pp. ----Respondent For Petitioner(s) : Mr. Yogesh Singhal, Adv. and Mr. Saroj Singh, Adv. For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Kartar Singh Faujdar, Adv. HON'BLE MR. JUSTICE ANAND SHARMA Order 30/10/2025 1. Petitioners have filed the instant Criminal Miscellaneous Petition for challenging the FIR No.620/2019 registered at Police Station Deeg, District Bharatpur for alleged offence under Section 363 IPC. 2. It is stated that the said FIR was lodged by the father of the victim girl and allegations have been levelled that the victim was kidnapped by the accused petitioner. 3. Learned counsel for the petitioners submits that it was not a case of kidnapping and rather the daughter of complainant herself voluntarily went with the accused petitioner in order to perform marriage and thereafter, their marriage was solemnized [2025:RJ-JP:43631] (2 of 3) [CRLMP-7890/2019] on 18.11.2019 and the certificate of registration of marriage has also been placed on record as Annexure-4 with the petition. 4. Learned counsel for the petitioners further submits that apprehending some adverse action from the relatives of petitioner No.2, they filed one writ petition for seeking protection, which was allowed by the Allahabad High Court vide order dated 03.12.2019 passed in Writ-C No.36284 of 2019. 5. Learned counsel for the petitioners submits that after marriage, the petitioner and his wife (daughter of complainant) have been residing happily and child was also born out of their wedlock. 6. Learned counsel for the complainant does not dispute the factual position. 7. In view of the facts mentioned in the petition as well as the available record, it reveals that petitioner has performed marriage with daughter of the complainant and they are living happily, therefore, charges of kidnapping against the petitioner No.1 are not made out more particularly when the daughter of complainant herself along with the petitioner No.1 filed a joint petition before the Allahabad High Court mentioning therein that she has performed marriage with the petitioner No.1 and had already attained the age of majority at the time of marriage and on such contention, protection was granted by the Allahabad High Court vide order dated 03.12.2019. 8. Here, the instant petition has also been filed jointly by the petitioner No.1 (accused petitioner) as well as petitioner No.2 (daughter of complainant) reiterating the factum of marriage as well as giving birth of child. Therefore, under these circumstances, [2025:RJ-JP:43631] (3 of 3) [CRLMP-7890/2019] this Court finds it just and proper to exercise its inherent jurisdiction under Section 482 Cr.P.C. to quash and set aside the FIR No.620/2019 registered at Police Station Deeg, District Bharatpur and the same is quashed. 9. The Criminal Miscellaneous Petition is, hereby, allowed. (ANAND SHARMA),J Jatin /35