VIJJO Vs. SMT. CHATRAAND ORS.

JUDGEMENT

(1.) -This petition under Sec. 482 Cr.RC. seeks quashing of the order dated 6.8.2003 passed by the learned Judicial, Magistrate, Nagar, Distt. Bharatpur in F.I.R. No. 79/2003 RS. Sikri whereby application of non-petitioner No. 1 Smt. Chatro, has been allowed and the custody of Smt. Mukesh has been handed over to her.

(2.) The non-petitioner No. 1, Smt. Chatro lodged first information report at Police Station, Sikri, for the offences under Sections 363 and 366 Penal Code with the allegation that her daughter Smt. Mukesh had been enticed away/abducted by her maternal uncle from her lawful guardianship in order to marry her elsewhere, against her will. After her recovery, her statement under Sec. 164 Cr.RC. was got recorded before the Judicial Magistrate, Kama on 2.8.2003 wherein she expressed her desire to live with her maternal uncle and did not want to live with her mother.

(3.) Two applications-one by Smt. Chatro, the mother and another by Billo the maternal uncle and Ramdhan, the uncle-were filed before the Court below for the custody of Smt. Mukesh. The Courts-below after affording an opportunity of hearing to both the sides and upon a perusal of the case-diary and taking in to consideration her statement, her minority and her welfare, handed over her custody to mother Smt. Chatro, the natural guardian and rejected the application of her maternal uncle Billo and uncle Ramdhan.