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SCR.A/1456/2011 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1456 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1.
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2.
To
be referred to the Reporter or not ?
3.
Whether
their Lordships wish to see the fair copy of the judgment ?
4.
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5.
Whether
it is to be circulated to the civil judge ?
========================================
HASMUKH
@ LALO RAMANBHAI BARIA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance
:
MRAPURVARKAPADIA
for Applicant(s) : 1 -
2.
MR. RAWAL, ADDL. PUBLICPROSECUTOR for Respondent(s) :
1,
NOTICESERVEDBYDS for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 29/07/2011
ORAL
JUDGMENT
1. Present
Criminal Miscellaneous Application under Article 226 of the
Constitution of India r/w under Section 482 of the Code of Criminal
Procedure has been preferred by the petitioners-out of petitioner
no.1-original accused no.1 to quash and set aside the impugned
complaint being CR.I- No. 16 of 2011 registered with the Sankheda
Police Station for the offences punishable under Sections 363, 366
and 114 of the Indian Penal Code.
2.0. Though
served, nobody appears on behalf of respondent no.2-original
complainant. Heard Shri Kapadia, learned advocate for the applicant
and Shri Rawal, learned APP for th respondent State.
3.0. It appears
that respondent no.2-original complainant has lodged the complaint/
FIR with the Sankheda Police Station against the petitioner no.1
herein for the offences punishable under Sections 363, 366 and 114 of
the Indian Penal Code, which has been registered as CR-I- No. 16 of
2011 alleging inter alia that his daughter aged 17 years and 10
months has been abducted by the petitioner no.1 to marry her. Being
aggrieved and dissatisfied with the same, the applicants have
preferred present Special Criminal Application to quash and set aside
the impugned FIR.
4.0. Shri Kapadia,
learned advocate for the petitioners has submitted that petitioners
have married after attaining the age of majority and that they are
staying happily. It is further submitted that the petitioner no.2 is
the daughter of the original complainant has run away / gone with the
petitioner no.1 voluntarily as she was in love with the petitioner
no.1 and they wanted to marry. It is submitted that subsequently both
the applicants have already married. Therefore, it is requested to
quash and set aside the impugned FIR as the same is nothing but an
abuse of process of law and Court and to continue the said criminal
proceedings against the applicants is unnecessary harassment to them
and now even daughter of the original complainant, who is now wife of
the applicant no.1.
5.0. Having heard
Shri Kapadia, learned advocate for the petitioner and Shri Rawal,
learned APP for the respondent State and considering the fact now the
petitioners have already married i.e. applicant no.1 has now already
married with the petitioner no.2 -daughter of original complainant,
who at the relevant time when she run away with the petitioner no.1,
was aged 17 year and 10 months, this is a fit case to exercise the
powers under Section 482 of the Code of Criminal Procedure as it
appears that daughter of original complainant run away with the
applicant no.1 voluntarily as both of them were in love and they have
married now. A statement was made by applicant no.1 who was
personally present in the Court confirming the marriage of the
petitioner and that they are staying happily. In view of the above,
this Court is of the opinion that to continue the criminal
proceedings against the applicants, more particularly, applicant no.1
would be abuse of process of law and Court and is unnecessary
harassment to them.
6.0. In
view of the above and for the reasons stated above, present
application succeed and the impugned complaint being CR.I- No. 16 of
2011 registered with the Sankheda Police Station is hereby quashed
and set aside. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(M.R.SHAH,
J.)
kaushik
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