Nisha Gupta, J. - (1.) Both these cases arises out of common FIR NO.240/2013 registered at Police Station Nagar, Distt. Bharatpur, hence are decided by this common order.
(2.) The contention of petitioner Ravi Shankar is that an FIR has been lodged against him by Raj Rani who is mother of Neelam Sharma who is married to one Vishnu Dutt Sharma. The FIR was registered as No. 240/2013 and allegations are that present petitioner has abducted the minor daughter of the complainant Raj Rani whereas in Petition No. 3051/2013, the prosecutrix has stated that she does not want to be with her mother and on false facts FIR has been lodged against petitioner Ravi Shankar. Further, it was stated that Neelam Sharma is aged 21 years and allegation are incorrect and concocted ones, hence FIR be quashed as it has been lodged only with malafide intentions to fulfil the ulterior motive. Per contra, the contention of the learned Public Prosecutor and counsel for the complainant is that investigation has yet to be proceeded and statement of the prosecutrix has not been recorded. To answer this the counsel for the petitioners have submitted that in DB Civil Writ Petition (Habeas Corpus) No. 137/2013 in order dated 3.10.2013, Neelam prosecutrix has been produced before the Court wherein she has sated that she is residing with Murari Lal Katara on her own wish and court has also categorically held that the prosecutrix Neelam is major and her age is 18-20 years and specific allegations have been lodged that she has been ill treated by her mother and one Siya Ram with whom her mother has developed intimate relations.
(3.) Looking to the fact that Neelam is major one and she is residing With the father of the present petitioner on her own will, the first FIR lodged on the allegation of abduction of the present prosecutrix is abuse of the process. The contention of the respondents is that the girl is in pressure of the petitioner and her statement has not been recorded during investigation but looking to the fact that statements have been taken before the Division Bench of this Court, these objections are baseless and cannot be sustained. In view of the above, both these petitions succeed and are allowed. The impugned FIR No. 240/2013 registered at Police Station Nagar, Distt. Bharatpur is quashed. Petition Allowed.;