Babu Lal Rao vs State of Rajasthan and Others

R.S. Chauhan, J.—The Petitioner has prayed for quashing of the FIR, FIR No. 122/2010, dated 26.11.2010, registered at Police Station Dargah, Ajmer for offences under Sections 363, 366A and 380 IPC.

The facts of the case are that on 26.11.2010, Smt. Guljar Fatma, Respondent No. 2, lodged a report at Police Station Dargah, wherein she claimed that on 11.10.2010, her minor daughter, Nafisa Bano, was taken away by the Petitioner. On the basis of the said report, a FIR, FIR No. 122/2010, for offences under Sections 363, 366A and 380 IPC was registered against the Petitioner.

It is the case of the Petitioner that Nafisa happens to be a major person, who has first converted herself into a Hindu and has married him in Arya Samaj Fort, Golnadi Ummed Chok, Jodhpur on 12.10.2010. A copy of an affidavit attested at Jodhpur has already been submitted before this Court, wherein Smt. Sonia @ Nafisa claims that she has converted herself into a Hindu.

According to the learned Counsel, since Nafisa happens to be a major, she is free to change her religion and to marry anyone of her choice. Moreover, according to the certificate issued by the Arya Samaj, Smt. Sonia @ Nafisa has already married the Petitioner.

Heard the learned Counsel and perused the FIR.

In catena of cases, the Hon''ble Supreme Court has held that the power to interfere with the FIR u/s 482 is extremely limited one. In case the FIR makes out a prima facie case against the offender, ordinarily the Court should not interfere (Referred to State of Haryana and others Vs. Ch. Bhajan Lal and others, The present case is one which does not fall under any of the seven conditions enumerated in the case of Chaudhary Bhajan Lal (Supra). Therefore, this Court is not inclined to quash the FIR, FIR No. 122/2010, dated 26.11.2010, registered at Police Station Dargah, Ajmer for offences under Sections 363, 366A, 380 IPC.

However, considering the fact that prima facie it seems to be a case of inter-community marriage between the Petitioner and the Respondent No. 3, Sonia @ Nafisa, this Court directs the Investigating Officer to investigate from the Arya Samaj Fort, Golnadi Ummed Chok, Jodhpur, about the veracity and the validity of the alleged marriage which took place between the Petitioner and the Respondent No. 3 on 12.10.2010. For, the copy of the certificate filed before this Court is not an attested copy of the original. Moreover, the Investigation Officer should also examine whether Smt. Sonia @ Nafisa is major or not ? whether she has actually converted to Hinduism of her own free will or not ? It is certainly expected from the Investigating Officer that he will carry out a fair and impartial investigation before forming his opinion whether to submit the charge-sheet or to file a negative F.R. against the Petitioner.

With these observations, this petition is, hereby, disposed of.