1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.PETITION NO.1889/2010 Hazra @ Neta & Anr. Vs. State Date of order : 28/10/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Jainendra Jain, for the petitioners. Shri G.S. Fauzdar, P.P. for the State. Shri Sita Ram Sharma, I.O. Shri Bachhu Singh Gurjar for respondent. ****** This petition has been filed by the petitioners (1) Hazra @ Neta and (2) Jakir Hussain with the prayer that the FIR No.134/2010 registered against them in Police Station Tehala, District Alwar be quashed. It is contended that FIR has been filed at the instance of the complainant who is uncle of the petitioner no.1 on false allegation that the petitioner no.1 was abducted by petitioner no.2, whereas the fact is that they were in love with each other and that they have married. When this matter was listed before this Court day before yesterday i.e. 26.10.2010, petitioner no.1 was directed to appear before the Deputy Registrar (Judl.) of this Court for recording of her statement. The Deputy Registrar (Judl.) has recorded the statement of petitioner no.1 Mst. Hazra @ Neta, which is placed on record. In her statement, petitioner no.1 has 2 stated that her father died about 10 years ago and that she herself called the petitioner no.2 and went with him in the Bolero vehicle to Utawa Tehsil, wherefrom they went to Chandigarh. Petitioner no.1 has converted and has since married with petitioner no.2 and wants to reside with him. It has been denied by her that petitioner no.2 has forceably abducted her. In her statements, the petitioner no.1 has indicated her age to be 20 years. Learned PP and Investigating Officer submitted that petitioner no.1 was major even had earlier married and therefore her second marriage with the petitioner no.2 may not be valid. It is contended that the second marriage which the petitioner no.1 has conducted with petitioner no.2 is illegal because a married woman cannot marry for the second time when the first marriage is still subsisting. It is therefore prayed that this petition be dismissed. This Court is not called upon to decide whether or not the marriage which petitioner no.1 has contacted with petitioner no.2 is legally valid. What is in question is whether the allegation of forceable abduction and thereby commission of offence u/s.363 and 366 of IPC can be sustained even if petitioner no.1 has gone to petitioner no.2 out of her free will and there was no element of abduction or force used by petitioner no.2. In view of the statement of 3 petitioner no.1, police cannot be permitted to harass the petitioners just because they have decided to reside with each other. In the circumstances, FIR No.134/2010 registered with Police Station Tehala, District Alwar and the proceedings initiated against the petitioner pursuant to that FIR are quashed. The misc. petition is accordingly allowed. (MOHAMMAD RAFIQ), J. RS/-