MESA RAM Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482, Cr.P.C. by the petitioner with the prayer that impugned FIR dt. 25.05.2009 filed at Police Station Bagora may be quashed and order dt. 24.06.2009 passed by Judl. Magistrate (First Class), Jalore in CR No.76 dt. 25.05.2009 may be set aside and custody of Pankhu, daughter of Smt. Hariya may be ordered to be handed over to the petitioner because the petitioner is legally wedded husband of Pankhu.

(2.) Brief facts of the case are that a written report was filed at Police Station Bagora (District Jalore) by respondent No.2, in which, it was stated that petitioner along with some other persons forcibly took away her daughter in a jeep. When her husband's elder brother made search, then, it was informed by wife of Poonmaji that marriage of his niece has been celebrated with the petitioner Mesa Ram, therefore, it appears that accused persons forcibly carried away her minor daughter with the intention to arrange her marriage with the petitioner. Therefore, it is prayed that action may be taken against Mesa Ram, petitioner and her daughter may be recovered.

(3.) On the basis of the aforesaid report, an FIR was registered against the petitioner under Secs. 366 and 367, I.P.C. by Police Station Bagora and, in the investigation Smt. Pankhu @ Pinki was recovered and she was produced before the Judl. Magistrate. Learned Magistrate recorded statement of Smt. Pankhu, in which, she stated that she is 18 years 10 months old and she admits that her engagement was made by her grandfather Hakmaji before 10 years. After her father's death, her uncle broke down the engagement made with Mesaram and, thereafter, she heard whispers which took place between her elder father, elder mother and other family members that now they will sell her to another person. Upon hearing such whispers, as per statement of Smt. Pankhu, she informed the petitioner on telephone that she is ready to marry him, therefore, she requested the petitioner to come and take her with him. Upon her said request, on 06.05.2009, petitioner Mesaram reached at about 12 clock in the night at the house of prosecutrix Smt. Pankhu and took her in a car. Thereafter, as per statement of Smt. Pankhu, as per her will, she went with the petitioner to Gujarat where her marriage with the petitioner took place. In her statement recorded by the Magistrate, it is specifically stated by Smt. Pankhu that nobody has abducted her and she went with her own will and got married with the petitioner Mesaram of her own free will. Above statement was recorded by Judl. Magistrate, Jalore on 10.06.2009.