[1] SB CRIM MISC. PET. 2334/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 2334/2009 HEM KANT Vs. MALKHAN SINGH MEENA & ORS. Date: 06.11.2009 HON'BLE MR. JUSTICE K.S. RATHORE Mr. Arvind Bhardwaj with Ms. Akansha Saxena, Advocates for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor for the State. **** The instant criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner against the order dated 30.09.2009 passed by the Judicial Magistrate, First Class No.3, Kota South, Kota in Case No. 185/2009, whereby the application of the petitioner filed under Section 97 Cr.P.C. has been rejected. As per the petitioner, he and Kusum Meena, the dauther of respondent No.1 Malkhan Singh, got married in Arya Samaj, Vigyan Nagar, Kota on 19.08.2009 with the consent of Kusum Meena. It is alleged that after their marriage, respondent No.1 along with the respondent Nos. 2 and 3 came at Kota and taken Kusum and the petitioner in their custody from Ballabh Nagar, Kota and then took away at Police Station Mahuwa, District Dausa on 20.08.2009. Thereafter the police handed over Kusum in the custody of respondent No.1, where she is alleged to be confined. This Court vide order dated 28.10.2009, [2] SB CRIM MISC. PET. 2334/2009 directed to learned Public Prosecutor to call the SHO, Police Station Mahuwa, District Dausa to appear before this Court and to also ensure the presence of Mrs. Kusum Meena before this Court. In pursuance of the directions of this Court, today Mrs. Kusum Meena is present in person before this Court with her father Malkhan Singh Meena, the respondent No.1. Deputy Registrar (Judicial) was directed to record her statement and the same has been recorded. In her statement Mrs. Kusum Meena has stated that the alleged marriage with the petitioner was solemnized on 19.08.2009 at Arya Samaj, Vigyan Nagar, Kota against her will and under intoxication. She has also stated that on 29.10.2009 she married with one Pankaj Mahnotwal with her consent and now she does not want to live with the petitioner and wants to live with her husband Pankaj Mahnotwal and her parents. In view of the statement given by Mrs. Kusum Meena, since she has disputed the marriage with the petitioner and does not want to live with him and as now she got married with Pankaj Mahnotwal on 29.10.2009 and wants to live with him, in such circumstances, the order dated 30.09.2009 passed by the Judicial Magistrate, First Class No.3, Kota South, Kota requires no interference by this Court. Consequently, the criminal misc. petition [3] SB CRIM MISC. PET. 2334/2009 fails being devoid of merit and the same is hereby dismissed. (K.S. RATHORE),J. /KKC/