KANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner Kana Ram claims to be involved in a love affair with the corpus Mst. "S". Her date of birth is 1/1/2001. Both of them eloped with each other on 16/11/2018. The father of the girl Shri Sukh Ram lodged an FIR No. 193/2018 at Police Station Padukalan District Nagaur on 17/11/2018 for offence under Sec. 363 IPC. The girl continued to remain in the company of the petitioner and no sooner had she completed the age of 18 years, she and the petitioner married each other at Vedic Hindu Sabha, Branch Office Sundar Puri, Ghaziabad on 18/1/2019. The marriage was registered before the Registrar of Marriages, Ghaziabad as is evident from the Certificate of Registration of Marriage annexed with the habeas corpus petition. The petitioner as well as Mst. "S" appeared before this Court and filed a Criminal Misc. Petition No. 1496/2019 apprehending harm at the hands of the relatives of the girl. In presence of the petitioners therein, this Court passed an order dtd. 15/3/2019 directing the Superintendent of Police, Nagaur to hear the grievance of the petitioners and provide them adequate security and protection, if necessitated.

(2.) The girl appeared before the SHO PS Padukalan on 12/4/2019. Rather than reporting the matter to the SP Nagaur, the SHO PS Padukalan took it upon himself to proceed with the matter. The girl was shown recovered. Fard Dastyabi was prepared. Her statement was recorded under Sec. 161 Cr.P.C.

(3.) Upon a pertinent query being put to Shri Sunil Choudhary, SHO PS Padukalan, Nagaur, he stated to this Court that he gave intimation to SP Nagaur that the girl had appeared before him with an order wherein direction was given to SP Nagaur to hear the parties and to provide adequate security and protection to them.