Hanisha, Hansi @APPELLANT@Hash State of Rajasthan & Ors.

Instant petition has been preferred under Section 482 Cr.P.C. seeking quashing of impugned F.I.R. No.113/2018 dated 21.05.2018 registered at Police

Station Nadauti District Karauli for offences punishable under Sections 354-D and 366 I.P.C.

In the present case, F.I.R. was lodged by Kallu Khan, respondent No.5 â€" father-in-law of the petitioner No.1 alleging therein that his daughter-in-

law had eloped with the petitioner No.2.

Hanisha @ Hansi, petitioner No.1/alleged victim appeared in the Court and sought protection.

This Court on 30.05.2018 had passed following order :-

“Issue notice to the respondents.

Respondent No.4 is directed to serve a notice upon respondent Nos.5 to 9 regarding pendency of the present petition and the next date fixed before

this Court.

Meanwhile, Deputy Registrar (Judicial) is directed to record the statement of petitioner No.1, today itself, upon identification by her counsel.

To await statement of petitioner No.1 recorded by Deputy Registrar (Judicial), list the present petition on 03.07.2018. On that date, Investigating

Officer along with the records shall remain present in Court.

Meanwhile, further proceedings arising out of impugned FIR are stayed. A further direction is issued to respondent No.4 to ensure necessary vigil that

no harm is caused to the life and liberty of the petitioners.â€​

In pursuance of the said order, statement of Hanisha @ Hansi has been recorded by the Deputy Registrar (Judicial) of this Court.

The statement, so recorded is reproduced herein below for ready reference :-

“eSa gfu'kk mQZ galh iq=h Jh futkeqn~nhu] vk;q 23 o""kZ] fuoklh& egq[ksMk] rglhy clok] ftyk&nkSlk ¼jkt0½A

'kiFk iwoZd c;ku djrh gwW fd ejs h 'kknh futke ls yxHkx 6 lky igys gq;h FkhA esjk ifr esjs lkFk nk: ihdj ekjihV djrk Fkk vkSj esjs lkFk ckrphr Hkh

ugha djrk FkkA futke vius nksLrksa ls esjs lkFk xyr dke djokrk FkkA esjs }kjk euk djus ij ejs s lkFk ekjihV djrk FkkA bl ckr ls ijs'kku gksdj eSa ekuflag

ds lkFk fnukad 15-05-2018 dks viuh ethZ ls ,ao fcuk fdlh ncko ds pyh x;hA ekuflag esjs llqjky ds ikl gh jgrk gSA eSa ekuflag ls izse djrh FkhA ejs k

ekuflga us dksbZ vigj.k ugha fd;kA esjs llqj dYyw [kku us ekuflag ds f[kykQ tks fjiksVZ ntZ djk;h gS oks xyr ,ao >wBh gSA eSa viuh ethZ ls ekuflga

ds lkFk x;h Fkh vkSj ekuflag ds lkFk gh jguk pkgrh gwWA futke us eq>s rhu ckj rykd cksy dj rykd ns fn;k gS vkSj ;g cksyk dh rsjk eu djs ogkW pyh

tkA eSa ekuflag ds lkFk gh jguk pkgrh gwW vkSj mlds lkFk [kq'k gwWA ge nksuks us efUnj esa 'kknh dj yh gSA ge nksuksa bl 'kknh ls [kq'k gSA

eq>s vkSj dqN ugha dguk gSA

uksV%& xokg dk c;ku esjs funsZ'ku esa mlds dgs vuqlkj Vad.kdrkZ }kjk dEI;qVj ij Vafdr fd;k x;k] ftls xokg dks ik;k x;k rks mlus

mDr dFkuksa dks lqu o le> dj lgh gksuk Lohdkj fd;kA

vkj0vks0,.M+ ,0lh0 fMIVh jftLVªkj ¼U;kf;d½.â€​

Admittedly, Hanisha @ Hansi, petitioner No.1 has attained age of majority. She has left the house of her husband purportedly after divorce was given

to her.

It is not disputed that Hanisha @ Hansi has attained the age of majority. Hence, she is entitled to reside wherever she so wishes and, admittedly, she

has not been kidnapped.

The learned Public Prosecutor appearing for the State, on instructions from Sub Inspector â€" Harbhan Singh, Police Station Nadauti District Karauli,

who is present in person before this Court in pursuance of the order dated 30.05.2018, has submitted that the Investigating Agency has already

proposed filing of Final Report in negative form.

Taking into account the facts and circumstances of the case, especially the petitioner No.1 is major, the present petition is accepted and the impugned

F.I.R., along with all subsequent proceedings is, hereby, quashed.

A further direction is given to the Investigating Officer to ensure necessary vigil that no harm is caused to the life and liberty of the petitioners at the

hands of those, who are opposed to the marriage.