PUSHPENDRA SINGH BHATI,J. - (1.) S.B. Criminal Misc. Petition No.1655/2017 under Section 482 has been preferred for quashing the registration and further proceedings/investigation of FIR dated 18.01.2017 bearing No.36/2017 of Merta Road Police Station, District Nagaur for the offences under Sections 363 and 366A IPC and; S.B. Criminal Misc. Petition No.2188/2017 under Section 482 Cr.P.C., 1973 has been preferred against the order dated 31.05.2017 passed by learned members of the District Child Welfare Committee, Nagaur in the matter of FIR No.36/2017 for the offences under Sections 363 and 366-A IPC, whereby, the girl, Suman has been ordered to be sent to Nari Niketan, Ajmer.
(2.) Brief facts of this case, as noticed by this Court, are that Ramchandra, the father of girl-Suman lodged a complaint against petitioner-Om Prakash levelling allegation of abducting his daughter, Suman. FIR No.36/2017 has been registered at Police Station, Merta Road, District Nagaur for the offences under Sections 363 and 366-A IPC. Both the petitioners have produced the number of documents, including the admission application dated 01.07.2002, wherein the date of birth of the girl, Suman has been recorded as 05.07.1998; in another document i.e.the Certificate of the Board of Secondary Education, the date of birth of the girl has been recorded as 05.04.2000. As per the ration card, her age is 7 years as on 20.06.2006 and in another admission document, the date of birth of the girl has been recorded as 04.07.1998.
(3.) On lodging of the FIR, the girl refused to go with her parents, as she stated that she had already married petitioner-Om Prakash and the marriage certificate is also on record. The statement under Section 164 Cr.P.C., 1973 were recorded before the learned court below, in which the girl has stated that as she has solemnized the marriage with petitioner-Om Prakash on her own free will, she wants to go with the boy i.e. petitioner-Om Prakash. The said statement recorded under Section 164 Cr.P.C., 1973 is also on record.;