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Judgment
Hon''ble Ms. Justice Bela M. Trivedi
The petitioners have filed this petition u/s 482 Cr. P.C. for quashing M.P.R. NO. 30/2012 dated 3.7.2012, registered at Police Station Mahesh Nagar, Jaipur City(South) lodged by the respondent no. 2, complainant, regarding missing of his daughter i.e. petitioner No. 2 Monika Lakshkar. In the instant case, it appears that the petitioner no. 2 is the daughter of the respondent no. 2, the complainant and the petitioner no. 2, has married with petitioner no. 1 on 29.6.2012, at Arya Samaj, Vidhyadhar Nagar, Jaipur. The Learned Counsel for the petitioners has drawn the attention of the Court that in the Habeas Corpus Petition No. 144/2012, filed by the respondent No. 2, the Court had passed the following order:-
In that view of the matter, we find no merit in this petition in the light of the statement given by the detenu Kumari Monika and as expressed by her before us and her parents and brother, she is at liberty to proceed to the place of her choice. She may seek protection by the Police, if need arises.
In view of the above order passed by this Court, the petitioner no. 2 having been found out and produced before the Court, the M.P.R. NO. 30/2012 dated 3.7.2012, registered at Police Station Mahesh Nagar, Jaipur City(South)would not survive. The learned Public Prosecutor has also not been able to explain as to how the M.P.R. NO. 30/2012 dated 3.7.2012, would survive when the respondent no. 2 was produced before the Court in the Habeas Corpus Petition and the Court had allowed her to proceed to the place of her choice. The Learned Counsel for the petitioners submitted that under the guise of M.P.R. No. 30/2012, the police is harassing the petitioner no. 1 and, therefore, the same is required to be quashed. In view of the fact that this Court in Habeas Corpus proceedings has allowed the respondent no. 2 to proceed to the place of her choice, the M.P.R. in question would not survive. Hence it is directed to be quashed. The petition stands allowed accordingly.