LAWS(J&K)-2017-10-96

RAJAN KHAJURIA Vs. STATE AND ANR.

Decided On October 28, 2017
Rajan Khajuria Appellant
V/S
State And Anr. Respondents

JUDGEMENT

(1.) Vide this common order, I propose to dispose of these two petitions filed by the petitioner, one being 561-A Cr.P.C. No.438/2017 seeking quashment of FIR bearing No. 51/2017 dated 08.04.2017 under section 366/34 RPC registered at P/S Bakshinagar and another being B.A. No.138/2017 for grant of anticipatory bail in the same FIR.

(2.) In petition filed under section 561-A No. 438/2017, it has been stated that Reena Kumari W/o Rajan Syal was the classmate of the petitioner and she was very good friend of the petitioner. Her marriage was solemnized with Rajan Syal in the year 2013. She was not having good relationship with her husband with her in-laws and she wanted to leave her matrimonial home. Therefore, she asked the petitioner to accompany her to Ramnagar, where her friend, namely, Radha Rani was residing. She also wanted to do some job over there. The said prosecutrix was the School friend of the petitioner, as such, she left her house on 31st March, 2017. She went to Delhi alongwith the petitioner by Air and by leaving her matrimonial home. She expressed regrets for leaving her matrimonial home, but at the same time, she expressed her disenchantment with the respondent No. 2 and her in-laws in a Letter (Annexure-A) written by her while leaving her matrimonial home. The petitioner accompanied the wife of respondent No. 2 and both went to Delhi by Air on 31st March, 2017.

(3.) Thereafter, the petitioner left the wife of the respondent No. 2 at the Flat No. 3, Bhiwani Ganj, Bhagat Singh Chowk, Ramnagar, District Naintal of her friend, namely, Radha Rani. After leaving here there, he went to Kashipur, where he joined his job with Club Group of Hotels. The wife of the respondent No. 2 started residing at above mentioned place and she even joined the job of Beautician for her sustenance. Thereafter, the petitioner never met the respondent No. 2 though he continued to know about the welfare of the wife of the respondent No. 2 from the said Radha Rani and now, the petitioner has come to know that the respondent No. 2 has lodged FIR bearing No. 51/2017 (Annexure-C) against the petitioner and one-Sumit Sharma that both of them had abducted the wife of the respondent No. 2, namely, Reena Kumari.