PRAKASH KUMAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner-Prakash Kumawat being aggrieved with the order dated 27.06.2018 passed by the Judicial Magistrate, Amet, District Rajsamand (hereinafter to be referred as 'the court below ) in FIR No.151/2018 of Police Station Amet, District Rajsamand, whereby the court below has rejected the application filed by petitioner-Prakash Kumawat for handing over the custody of respondent No.5-Kavita Kumawat to him.

(2.) Brief facts of the case are that the respondent No.4-Bhagwan Lal lodged the FIR No.151/2018 at Police Station Amet, District Rajsamand on 26.05.2018 with the allegation that his daughter respondent No.5-Kavita Kumawat was abducted by petitionerPrakash Kumawat, his father Ganesh, mother Kanchan and sister Sangeeta and two other persons on 27.04.2018 from his house with the intention to marry her to the petitioner.

(3.) After registration of the above referred FIR, the police have recovered respondent No.5-Kavita Kumawat, daughter of respondent No.4-Bhagwan Lal, on 20.06.2018 from Gomati Circle and her statements were recorded under Section 161 Cr.P.C. wherein she has specifically stated that she has not been abducted by the petitioner or the other persons, named as accused in the above referred FIR. On the contray she has specifically stated that she has married to petitioner and she went with him as per her own will on 27.04.2018. The respondent No.5-Kavita Kumawat has refused to go with her parents, therefore, as per the order of the Child Welfare Committee, Rajsamand, the police have sent her to Nari Niketan, Rajsamand while claiming that she is minor.