HARISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners by this petition under Section 482, Cr.PC. sought quashing of FI.R. No. 80/2001 P.S. Sadar, Bikaner pending investigation for the offences under Sections 364, 365, 366, 368, 364-A read with Sections 34 & 120-B, I.P.C.

(2.) Petitioner No. 2 Bheem who is aged about 27 years is the daughter of Complainant Shakuntala. Complainant Shakuntala filed a private complaint before the learned Additional Chief Judicial Magistrate No. 2, Bikaner stating therein that she is resident of Bikaner, living alongwith her husband, son, daughter etc. It was further stated that the person named in the First Information Report as accused are on visiting terms and used to come to her house. On 6.2.2001, the accused persons named therein came to her house and in the pretext of marketing, her daughter Bheem was taken by them. She did not return till late night and, therefore, search was made. It was stated that they have made search of the daughter Bheem but she could not be located. It was alleged that the accused Harish has taken her alongwith him. On these allegations, a complaint was filed before the learned Additional Chief Judicial Magistrate No. 2, Bikaner who forwarded the same to the Police Station Sadar, Bikaner under Section 156(3), Cr.PC. for investigation

(3.) During the pendency of investigation, it is submitted by the learned counsel appearing for the petitioners that complainant Shakuntala W/o .Chhedi Singh filed D.B. Habeas Corpus Writ Petition No. 1224/2001. In persuance of the order passed by the Division Bench of this Court, the Corpus-Bheem at her own appeared before the Division Bench on 16.4.2001 and expressed her desire that she would like to live with petitioner No. 1 Harish with whom she is living. She stated that her marriage with petitioner No. 1 Harish has been solemnized on 10.2.2001. A joint petition has been filed by Bheem and her husband Harish, wherein, it is stated that both of them had affairs for last five or more than five years and, therefore, she at her own went alongwith Harish and solemnized marriage with Harish on 10.2.2001 in Arya Samaj at Jaipur, which was registered with the Registrar of Marriage, Pardi. Certified copy of the certificate of marriage to this effect was annexed with the petition as Annexures 3 and 4 respectively. She has also stated that she is M.A. in English and her age is about 27 years. A . copy of the Marks-sheet issued by the Board of Secondary Education in 1993 has been placed on record as Annx. i wherein her date of birth is shown to be 20.4.77. She has specifically stated that she has not been abducted or kidnapped by Harish or anybody else, but at her sweet-will, she wants to live alongwith Harish as she has solemnized the marriage with Harish. Marriage was registered by Registrar of Marriage Pardi District Naravati (Gujarat).