1 S.B.Criminal Misc. Petition No.64/2008 Smt. Kamla Devi & Anr. v. State of Rajasthan & Anr. Date of Order :: 18th January, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Mahesh Thanvi, for the petitioners. Mr. Ashok Upadhyay, Public Prosecutor. .... An application is preferred to delete respondent No.2 from the array of respondents. The same is allowed. Name of Shri Mohanlal be deleted from the array of respondents. Factual matrix of the case is that on 21.4.1997, one Shri Mohanlal submitted a first information report at Police Station Kotwali, Barmer stating therein that Khangara Ram son of Panna Ram (petitioner No.2) kidnapped her daughter Kamli aged 12 years on 19.4.1997. On basis of the information referred above, a case contemplating offence under Section 363 IPC was registered and investigation was initiated. To quash the first information report above, this misc. petition under Section 482 Cr.P.C. is preferred by Kamli @ Smt. Kamla Devi and Khangara Ram son of Panna Ram. On behalf of the petitioners it is stated that they married to each other on 24.4.1997 and at 2 that time age of Smt. Kamla was more than 18 years. Since then they are living together and also having a girl child out of their wedlock. Petitioner No.1 Smt. Kamla has also submitted an affidavit specifically mentioning therein that her date of birth is 1.8.1978 and, therefore, on 19.4.1997 she was of more than 18 years. She has also placed on record a copy of the statement of marks issued by National Institute of Open Schooling wherein also her date of birth is shown as 1.8.1978. A birth certificate of the daughter of the petitioners is also placed on record wherein it is certified by the competent officer that out of the wedlock of Shri Khangara Ram and Smt. Kamla Devi, a girl child was born on 21.3.2004. An identity card, issued by the Election Commission of India, of Smt. Kamla is also placed on record wherein too age of the petitioner No.1 is shown as 23 years on 24.2.2001. In totality, adequate material is available on record to establish that on 19.4.1997, the day on which Shri Mohanlal alleged about kidnapping of his daughter, the age of Smt. Kamla was more than 18 years. Adequate material is also available on record that Smt. Kamla and Khangara Ram, petitioners No.1 and 2 respectively have married long back and they are also having a girl child. The couple present in Court and is identified by his counsel. In totality of facts of the case the continuance of investigation in pursuant to the first 3 information report bearing No.76/1997, pending investigation at police station Kotwali, Barmer shall create unnecessary troubles and complications for the petitioners who are otherwise living peacefully. Keeping the investigation pending in the instant matter since 1997 shall as a matter of fact be nothing but an abuse of the process of law. Thus, this misc. petition deserves acceptance and, therefore, the same is allowed. The first information report No.76/1997, pending investigation at police station Kotwali, Barmer is quashed. ( GOVIND MATHUR ),J. Kkm/ps.