Manoj Singh vs State Of Rajasthan & Anr on 8 May, 2008

                     IN THE SUPREME COURT OF INDIA
                     CRIMINAL APPELLATE JURISDICTION


                          CRIMINAL APPEAL NO.847 OF 2008
                         (Arising out of SLP(Crl.)No.3833 of 2007)



MANOJ SINGH                                                  APPELLANT(S)

                               Versus


STATE OF RAJASTHAN & ANR.                                    RESPONDENT(S)


                               ORDER

We have heard learned counsel for the parties and perused the

record.

Leave granted.

This appeal by special leave is directed against the order dated

25th April, 2007 passed by the learned Single Judge of the High Court of

Judicature for Rajasthan at Jaipur Bench, Jaipur in S.B. Criminal Misc.

Petition No.2393 of 2006 filed under Section 482 of the Criminal

Procedure Code (Cr.P.C.) for quashing of the FIR No.553 of 2006

registered at Police Station, Mathuragate, Bharatpur. The learned Single

Judge without expressing any opinion on the merits of the matter

dismissed the petition after perusing the statement of prosecutrix recorded

under Section 164 Cr.P.C.

…2/-

-2-

We have gone through the statement recorded under Section 164

Cr.P.C. of prosecutrix and also rest of the record. The girl is 21 years of

age and she has gone with the boy in January, 2006 and the marriage was

solemnised at Jaipur. Thereafter she had also gone for honeymoon with

the boy. In November, 2006 she has made a statement under Section 164

Cr.P.C. saying that she has been drugged and forced to go into the

marriage. This statement appears to be not acceptable for simple reason

that if a grown up girl of 21 years of age has gone with the boy, it was her

voluntary choice. Now she, after eleven months, turned back and says that

she was drugged or she has been forced to go into the marriage looks to be

unbelievable on the face of it. Therefore, we are of the opinion that the

view taken by the learned Single Judge of the High Court cannot be

sustained.

…3/-

-3-

Consequently, we allow this appeal, set aside the Order dated

25th April, 2007 passed by the learned Single Judge of the High Court and

quash the F.I.R. No. 553 of 2006 registered at Police Station, Mathuragate,

Bharatpur.

The appeal is accordingly, allowed.

………………J.

(A.K.MATHUR)

………………J.

(AFTAB ALAM)

New Delhi,
May 8, 2008