Pawan Kumar vs State of M.P. and Others

R.C. Mishra, J.

Arguments heard.

This is a petition, u/s 482 of the Code of Criminal Procedure, for quashing of the proceedings pending as M. J.C. No. 1/2011 before Shri Laxman Kumar Verma, JMFC, Rewa. The proceedings have been initiated upon the closure report filed by SHO of P.S. Anantpur after due investigation into a case registered as Crime No. 228/2010 against the petitioners for the offences punishable under Sections 363 and 366 read with 34 of the IPC. The FIR, leading to registration of the case, was lodged by respondent No. 4 Kusumlata, the mother of the prosecutrix, the respondent No. 2 here. The petitioners are aggrieved by the order-dated 7/9/2011 passed by JMFC, Rewa, directing issuance of warrant authorizing S.H.O. Anantpur to produce respondent No. 2 before the Court in safe custody.

According to the petitioners, continuance of the closure proceedings is an abuse of the process of the Court in view of the following facts -

(i) On the date of alleged abduction i.e. 23.10.2010, the respondent No. 2 had already attained age of 22 years.

(ii) On 23.10.2010 only, while leaving Rewa at her own accord, the respondent No. 2 had informed the SHO of Mahila Thana by way of letter (Annexure A-2) that her parents were compelling her to marry against her will whereas she had already joined Adhyatmaik Ishwariya Vishwavidyalaya, Farrukhabad (U.P.) and she had also filed a complaint against her father Bhagwandas Gupta, arraigned as respondent No. 3 here, mother Kusumlata Gupta and brother Rajeev Gupta in the Court of ACMM Rohini, New Delhi, for the offences punishable under Sections 182 and 506 read with 34 of the IPC.

(iii) On 15.3.2011, the respondent No. 2 through letter (Annexure A-5) also informed Ms. Prathibha Sathvane JMFC, Distt. Rewa that she had joined spiritual services in Adhyatmaik Ishwariya Vishwavidyalaya on 25/10/2010 and had decided to observe celibacy for entire life and serve the whole humanity whereas her parents are unduly harassing her and pressurizing her to speak against the petitioners. In that letter, request was also made to record her evidence through video conferencing.

Attention has also been invited to the decision of the Supreme Court in Special Leave to Appeal (Cri.) No. 7333-7335/2009, wherein a similarly placed unmarried girl was permitted to move freely and to join spiritual services in the Vishwavidyalaya.

However, law is well-settled on the point that upon receipt of a police report u/s 173(2) a Magistrate is entitled to take cognizance of an offence u/s 190(1) (b) of the Code even if the police report is to the effect that no case is made out against the accused. ( India Carat Pvt. Ltd. Vs. State of Karnataka and Another, . Further, as laid down in Bhagwant Singh Vs. Commissioner of Police and Another, where the Magistrate decides not to take cognizance and to drop the proceeding or takes a view that there is no sufficient ground for proceeding against some of the persons mentioned in the First Information Report, notice to the informant and grant of opportunity of being heard in the matter becomes mandatory. Needless to say that, in a case of abduction, examination of the victim would be necessary particularly when first informant prays for the same while availing of the opportunity. Taking into consideration the aforesaid facts & circumstances of the case and the legal position on the point, the proceedings do not deserve to be quashed under the inherent powers. However, the direction regarding issuance of search warrant against the respondent No. 2 requires to be interfered with. Instead, the Magistrate is directed to issue a notice to respondent No. 2, at the first instance, requiring her to appear before the Court as a witness. In case of non-service or her failure to comply with the notice, the Magistrate shall be at liberty to issue search warrant authorizing the SHO to search for and to produce her before the Court, providing adequate protection to her while coming to the Court from her present address and on returning back to that address.

The petition stands disposed of accordingly.

C.C. as per rules.