VIJAY GAVRI AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition has been filed under Sec. 482 Crimial P.C. for quashing of the F.I.R. No. 58/2002 of Police Station Shivpura, District Pali for the offence under Sections 363, 366 and 379 I.P.C.

(2.) The brief facts of the case are that complainant Kesha Ram submitted a written report at Police Station Shivpura District Pali stating therein that her minor daughter Santosh has been abducted by the present petitioner No. 1. The police registered F.I.R. and after investigation, filed Final Report. The Court issued notice to the complainant and accepted the final report but directed the investigating agency to continue the investigation. This order is abuse of process of law.

(3.) The learned counsel for the petitioner has submitted that the petitioners have solemnized the marriage on 13.1.2004, which was registered before the Sub-Registrar, Registration of Marriage, Bhuj and a marriage certificate has also been placed on record. He has further submitted that out of their wedlock, they are having two children and hence the F.I.R. No. 58/2002 be quashed. He has placed reliance upon the judgment reported in the case of Lata Singh Vs. State of U.P. and Anr., 2006 (3) CCC 407 (SC) . The case diary of the case goes to show that Santosh has specifically stated that she has solemnized marriage with petitioner No. 1 and they are having two children out of this wedlock.