BABLOO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner Babloo Son of Shri Ramji Lal has preferred this petition with a prayer to quash criminal proceedings in respect of criminal case No. 37/2010 (State v. Ramesh and Ors.) pending before the court of Additional District and Sessions Judge No. 2, Bayana, District Bharatpur arising out of FIR No. 123/2009 registered with Police Station Uchchain, Bharatpur for the offence punishable under Section 363, 366, 120-B of IPC.

(2.) Learned counsel for the petitioner has submitted that petitioner Babloo solemnized his marriage with Shakuntla @ Payal D/o Bhogiram on 23.05.2009 in Arya Samaj Mandir, Pratap Nagar, Sanganer, Jaipur and both the spouses were major at the time of their marriage since date of birth of Shakuntla is 01.01.1991 and she had attained age of majority at the time of her marriage, because father of Smt. Shakuntla @ Payal was not agreeable to the marriage, so a false FIR has been lodged against Babloo. The couple is living comfortably after marriage and two siblings have born out of the wedlock, since investigating agency has furnished charge sheet against some of the accused persons, a threat is hovering upon the petitioner of being arrested. The petitioner has wrongly been shown to be a "fugitive" without committing any crime, so the proceedings of case No. 37/10 pending before the court of Additional District & Sessions No. 2, Bayana, Bharatpur be quashed. Learned Public Prosecutor has contended that nothing wrong has been conducted by investigating agency because Shankuntla @ Payal was minor at the time of the incidence, so the petition deserved to be dismissed.

(3.) Heard rival contentions and perused the record.