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S.B. Criminal Miscellaneous (Petition) No. 2100/2020
This petition has been filed under Section 482 CrPC for quashing of FIR No. 672/2019 registered at Police Station Tijara, District Bhiwadi and the challan subsequently filed in the matter.
Learned counsel for the petitioner submits that though the prosecutrix is minor but it is clear from the material available on record that the accused petitioner did not kidnap her rather she herself went from her home. No allegation of rape or intercourse is there. The proceedings may be quashed under Section 482 CrPC, he has placed reliance on the judgment in S. Varadarajan V/s State of Madras [1965 AIR 942].
Learned Public Prosecutor as well as the counsel appearing on behalf of complainant have opposed the petition with the submissions that after thorough investigations the police has filed the challan against the petitioner. No case is made out for quashing the FIR. The petition deserves to be dismissed.
Heard learned counsels for both the sides and perused the material made available on record.
Without expressing any opinion on merits of the case, suffice it to say that from the material collected during investigation and the statements of the prosecutrix it is evident that the prosecutrix is 15 years old minor girl and she eloped with the petitioner. Thus, from the material available on record the prima facie case has been made out against the petitioner. The judgment cited by the learned counsel for petitioner is of no help having distinct facts and circumstances. No condition stands fulfilled for quashing of FIR as laid down in the case of Bhajanlal V/s State of Haryana [1992 (supp)1
SCC 335]. I
In view of above, no case is made out for interference by this Court. Accordingly, the petition is dismissed.
S.B. Criminal Miscellaneous (Petition) No. 601/2020
Learned counsel for the petitioner submits that challan has been filed in the matter and the petition has become infructuous.
Accordingly, the petition stands dismissed as infructuous.