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Hansraj Meena vs State Of Raj And Ors on 25 May, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

D. B. Criminal Miscellaneous Petition No. 2640/2018

Hansraj Meena S/o Chauthmal Meena By Caste Meena, Aged

about 23 Years, R/o Village Nayagaon Post Ranipura Tehsil

Uniyara, District Tonk, (Raj.)
—-Accused/Petitioner
Versus
1. State of Rajasthan through Public Prosecutor.
2. The Superintendent of Police-Tonk.
3. The Station House Officer, Police Station Mehendwas,

District Tonk.
4. Priyanka Meena D/o Jagdish Meena W/o Hansraj Meena

By Caste-Meena, Aged about 19 Years, R/o Village

Allahpura, Tehsil District Tonk, (Raj.) (Prosecutrix)
—-Respondents

For Petitioner(s) : Mr. Hansraj Meena.

For Respondent(s) : Mr. Chittar Singh, S.I., S.H.O., Police

Station Mehendwas, District Tonk; Mr.

Ganpat Singh, ASI, RAC, Tonk and

Ms. Prashan Devi, FC No. 1074

present in person.

Ms. Priyanka Meena, Respondent No.

4 present in person.

HON’BLE MR. JUSTICE MOHAMMAD RAFIQ
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR

Order

25/05/2018

This petition under Section 482 Cr.P.C. has been filed by

Hansraj Meena praying for quashment of FIR No. 67/2018
(2 of 6) [CRLMP-2640/2018]

registered at Police Station Mehandwas, District Tonk for offence

under Sections 363, 366 IPC.

The petitioner and Respondent No. 4, Ms. Priyanka

Meena, aged 23 years and 19 years respectively, are present in

person in the Court. While date of birth of the petitioner as per

his Aadhar Card is 05.04.1994, date of birth of Respondent No. 4

as per her Aadhar Card is 05.01.1999. The petitioner submits

that the petitioner and Respondent No. 4, have known each other

for long. They fell in love and eventually married on 09.04.2018

at Bheetariya Kund-Rawatbhata Road, Kota in a temple. The

petitioner has placed on record consent agreement executed by

both of them on a non-judicial stamp of Rs. 500/- which is duly

attested by Notary Public on 09.04.2018. Pandit Asharam Shastri,

who solemnized their marriage has issued a certificate about their

marriage which is also placed on record. Copies of the affidavits

of the petitioner and Respondent no. 4 separately executed on

non-judicial stamp of Rs. 100/- each on 09.04.2018 stating on

oath about their marriage and attested by Notary Public, have also

been placed on record. Photographs of their marriage have also

been placed on record.

This case has a chequered history. And the present

petition has been filed in rather unusual circumstances. The

petitioner, Hemraj Meena and Respondent No. 4, Ms. Priyanka

Meena initially jointly filed S. B. Criminal Misc. Petition No.

2067/2018 under Section 482 Cr.P.C. before this Court wherein Mr.

Jagdish Meena, father of Ms. Priyanka Meena was impleaded as

Respondent No. 5. Therein, it was assented that they have

contracted marriage and the said Respondent No. 5 was opposed

to their marriage. They apprehend danger to their life. A Single
(3 of 6) [CRLMP-2640/2018]

Bench of this Court vide order dated 19.04.2018 disposed of the

petition with direction to concerned S.H.O. to ensure necessary

vigil that no harm is caused to the life and liberty of the

petitioners therein at the hands of those, who were opposing their

marriage. At the same, it was also observed that said order was

being passed without determining the age and marriage of the

petitioners therein and was being decided on the ground that

those, who are opposed to the marriage, cannot cause harm to

anybody.

Subsequently, the petitioner filed Habeas Corpus

Petition No. 68/2018 in this Court alleging that after passing of

aforesaid order, when the petitioner and his wife Priyanka Meena

left the High Court Campus, Jagdish Meena and his relatives

forcibly took away her and in the process of scuffle, the petitioner

suffered injuries. Even though he made complaint to S.H.O. Police

Station Ashok Nagar, Jaipur but no action was taken. On direction

of the Court, Ms. Priyanka Meena was produced before this Court

on 01.05.2018. Her statement was recorded by Deputy Registrar

(Judicial) of this Court, in which she made allegation against the

petitioner that it was he, who forcibly took her away to Kota and

contracted marriage with her under threat and then he brought

her to Jaipur. She expressed the desire to stay with her parents.

When the aforesaid statement was brought on record, this Court

again enquired from Ms. Priyanka Meena as to the correctness of

the contents of said statement, she again expressed the desire to

go to her parents. In these circumstances, the aforesaid habeas

corpus petition was dismissed by this Court vide order dated

01.05.2018 setting Ms. Priyanka Meena at liberty to go to her

parents.

(4 of 6) [CRLMP-2640/2018]

Therefore again, Hansraj Meena filed a petition under

Section 482 Cr.P.C. before the Single Bench of this Court. The

petitioner has expressed the apprehension that the police would

arrest him in connection with investigation of aforesaid FIR No.

67/2018. He again asserted that his marriage was solemnized

with Respondent No. 4, Ms. Priyanka Meena with her free consent

and her father, brother and other relatives are harassing and

torturing the petitioner and Ms. Priyanka Meena and threatened

them of dire consequences. The police is acting under influence of

father and family members of Ms. Priyanka Meena. The petitioner

also submitted that on earlier occasion, Ms. Priyanka Meena was

made to give statement before Deputy Registrar (Judicial) of this

Court under duress and coercion.

The Single Bench of this Court vide order dated

16.05.2018 issued notice of this petition to Respondents No. 4

with direction to Respondent No. 3, S.H.O., Police Station

Mehandwas, District Tonk to produce her before the Court. Mr.

Chittar Singh, S.H.O., Police Station Mehandwas, District Tonk has

produced Respondent No. 4, Ms. Priyanka Meena before the Court.

Ms. Priyanka Meena has submitted that she, in her earlier

statement before the Deputy Registrar (Judicial) of this Court,

made allegation against the petitioner and specifically expressed

desire to go with her parents under duress and coercion of her

parents and his relatives. She had come to the Court today with

her cousin. She submits that her parents have threatened to kill

her and the petitioner and they should be provided police

protection. On being repeatedly asked by the Court whether this

is her final stand, she submitted that she is making such

statement with full sense of responsibility and that she would not
(5 of 6) [CRLMP-2640/2018]

change her version at any point of time in future now. She has

denied that the petitioner ever abducted her and rather stated

that she accompanied the petitioner at her free will.

Our earlier order dated 01.05.2018 passed by this

Court in Habeas Corpus Petition No. 68/2018 was based on a

different statement given by Ms. Priyanka Meena, which she has

now completely disowned and admits that her marriage was

indeed solemnized with the petitioner and she wants to go with

her husband. Unusual though this order may sound but looking to

resolve of Ms. Priyanka Meena, we are persuaded to allow this

petition.

Consequently, present petition under Section 482

Cr.P.C. is allowed. FIR No. 67/2018 registered at Police Station

Mehandwas, District Tonk for offence under Sections 363, 366 IPC

is set aside. Superintendent of Police, Tonk, S.H.O. Police Station

Mehandwas, District Tonk and S.H.O., Police Station Nagar Fort,

District Tonk are directed to ensure that no harm is caused to the

person and liberty of the petitioner and Respondent No. 4, Ms.

Priyanka Meena and convey in writing to father of Priyanka Meena

for not interferring in their life. S.H.O., Police Station Mehendwas,

District Tonk, who is present in the Court is directed to ensure that

Ms. Priyanka Meena with the petitioner safely reaches her

matrimonial home i.e. the house of the petitioner and no harm is

caused to them en-route.

At this stage, the petitioner submits that his original

mark sheets of Class X, XII and Graduation, Caste Certificate,

Driving Licence, two mobile handsets were snatched by Kamlesh

Meena and Balram Meena in the area of Ashok Nagar Police

Station, Jaipur and necessary directions be issued to the police to
(6 of 6) [CRLMP-2640/2018]

get the aforesaid documents and mobile handsets recovered. If

that be so, the petitioner may make a written complaint to S.H.O.,

Police Station Ashok Nagar, Jaipur giving complete particulars of

the documents and mobile handsets and any other thing that were

snatched, who shall undertake necessary investigation and take

steps to recover the documents and mobile handsets in

accordance with law.

(GOVERDHAN BARDHAR),J (MOHAMMAD RAFIQ),J

Manoj/1

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