MOHD AFZAL AND ANR Vs. STATE AND ORS

JUDGEMENT

(1.) In the instant petition filed under Section 561-A Cr. P.C., the petitioners seek quashment of FIR No. 35/2018 under sections 376/366/342/109 RPC registered at Police Station, Mandi, Poonch dated 07th May, 2018 against them.

(2.) The facts giving rise to the filing of the instant petition stated are that on 16th November, 2017, one-Parveen Akhter W/o Bashir Ahmed Hajam R/o Bedar Phogri, Tehsil Mandi, District Poonch approached Station House Officer (SHO), Police Station Mandi and submitted a detailed application regarding the missing report of her daughter, i.e. prosecutrix ( named withheld ), who left her house. It is submitted that an RTI was filed by one-Mushtaq Ahmed on 30th March, 2018, seeking information under RTI Act, 2009 relating to the proceedings initiated against the missing of prosecutrix . The concerned Dy. SP HQ Poonch issued the documents in detail regarding the missing report/application filed by the mother of the said girl on 16th November, 2017. The details of the RTI Report were issued by the police agency, i.e., respondent No. 2 on 30th March, 2018 vide No. HQRs/Rdr/RTI/2018/6182- 84/GB dated 30th March, 2018.

(3.) It is further pleaded in the instant petition that prosecutrix left the house of Parveen Akhter on 15th November, 2017 at about 3 P.M and thereafter, Report No. 4 Roznamacha was registered by her mother, i.e., Parveen Akhter at Police Station, Mandi on 16th November, 2017. After registration of the missing report, the said girl was intercepted by the police alone on Sedi Khawaja and brought her at Poonch on 16th November, 2017 and she remained with Police Women Cell, Poonch and made a statement before the police authorities on 18th November, 2017. After recording the statement of the said girl on 18th November, 2017, she was handed over to the parents in presence of the witnesses, who put the signatures/thumb impressions in Supardnama. The parents and witnesses admitted that the missing girl has been recovered.It is also pleaded in the instant petition that the Supardnama was prepared in presence of the witnesses and the said girl was handed over to Parveen Akhter, Mohd. Shafi S/o Jamal Din and Mohd. Rafiq S/o Fateh Mohd. in presence of witnesses-Bashir Ahmed S/o Fateh Mohd. Mohd. Jan S/o Ghulam Mohd. and Abdul Raahid S/o Jamal Din, who are all the residents of village Bedar Balnoi .