Ranjeeta vs State Of Madhya Pradesh And Others

Atul Sreedharan, J

Pursuant to the order dated 15.06.2021 passed by this Court, the corpus was handed over to the petitioner and has spent time with his mother and

now, this Court has been informed that the corpus wants to stay with the petitioner itself.

Under the circumstances, this petition has served its purpose.

However, in view of the order passed by this Court earlier on 07.06.2021, an F.I.R. was registered against the respondents No.6 to 9. This Court had

directed the registration of an F.I.R. by the Police at Jabalpur against respondents No.6 to 9 for offences punishable U/s.363, 365 and 368 of the

I.P.C. The said F.I.R. was registered vide Crime No.235/2015 of P.S. Khamariya, Distt. Jabalpur on 11.06.2020. Thereafter, the respondents No.6 to

9 were apprehended from Uttar Pradesh along with the corpus and brought to Jabalpur and they were arrested and remanded to judicial custody on

14.06.2020.

After interaction with the petitioner by this Court, the petitioner is now satisfied that her child has been restored to her and she has expressed from her

side that the case that has been registered against respondents No.6 to 9 herein, be quashed. The said order dated 07.06.2021 was passed as an

extreme measure by this Court, as earlier, despite various attempts by the Court, the corpus was not being secured and produced before this Court.

The said order dated 07.06.2021 has also now served its purpose and the prayer made in this petition has been fulfilled.

Under the circumstances, it would be a travesty of justice to now let the case continue against the respondents No.6 to 9, of whom, respondents No.6

and 7 are senior citizens and the act attributable against respondents 6 and 7 was not one of malice, but one borne out of a misunderstanding of the

law and their love and affection for their grandchild.

In view of aforesaid, in the interest of justice, this Court exercises its plenary powers under Section 482 of the Cr.P.C. and under Article 226 of the

Constitution of India and quashes the F.I.R. registered vide Crime No.235/21 dated 11.06.2020 of P.S. Khamariya, Distt. Jabalpur. The respondents

No.6 to 8 shall be set at liberty forthwith and shall be at free to exercise their liberty, as they wish. However, before closing this case, this Court would

like to extend its appreciation to the of Madhya Pradesh Police, which, after the order dated 07.06.2021 of this Court, has acted with utmost

promptitude and has recovered the corpus and has produced him before this Court, even before the designated date of hearing. This Court also

records its appreciation of Ms. Nirupa Pandey, T.I. of P.S. Khamariya, Distt. Jabalpur and the supervision officer C.S.P. Dipak Mishra, who have

assisted this Court in dispensing justice to the petitioner.

The respondents No.6 to 9 are related to the corpus by blood. Their love and affection as grandparents towards their grand-child cannot be

underscored enough. Though, they are not the natural guardians of the child, however, looking to the proximity of the relationship with the child, this

Court feels that liberty should be given to the respondents No.6 to 8 to meet the child four times in a year with the consent of the petitioner herein,

being the mother of the corpus and also after intimating the P.S. Khamariya, Distt. Jabalpur, of their desire to do so.

For the aforementioned reasons, this petition stands finally disposed of.

C.C. as per rules.