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
