Gujarat High Court Case Information System
Print
CR.MA/799820/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7998 of
2008
=========================================================
RABARI
GUGABHAI VAGHJIBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
NIRAL R MEHTA for
Applicant(s) : 1,
MR LR PUJARI ASST. PUBLIC PROSECUTOR for
Respondent(s) : 1 - 2,
MS SJ SHEIKH for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 18/09/2008
ORAL
ORDER
1. RULE
returnable on 26th September, 2008.
Mr. Pujari, learned APP wavies the service of rule on behalf of
respondent Nos.1 and 2 and Ms. Sheikh, learned Advocate waives for
respondent No.3.
2. Mr.
Mehta, learned Advocate for the applicant has submitted that the
original accused-Gugabhai Vaghjibhai Rabari-the applicant, herein,
and Gitaben Navghanbhai Rathod have got married and they are residing
together as husband and wife. Mr. Mehta has further submitted that
out of the said wedlock they have one girl child and one boy child.
Mr. Mehta has also produced marriage registration certificate of
Gugabhi with Gitaben which is ordered to be taken on record. Mr.
Mehta has, therefore, prayed to quash and set aside the complaint in
question. In support of his case, Mr. Mehta, has placed reliance on
the decision of the Hon’ble Apex Court in the case of Fazle
Gaffar Khan and Ors. Vs. State of West Bengal and Another
reported in (2000) 10 SCC 10 wherein at Paragraph No.3, the Hon’ble
Apex Court observed as under,
The
appellant faces criminal proceedings on a charge under Section 366
IPC on the allegation that he kidnapped a minor girl. On the basis
of the first information report(FIR) the police took put the
investigation and submitted a final form. A protest petition being
filed by the complainant, the Magistrate treated it as a complaint
and took cognizance. The accused moved the High Court under Section
428 CrPC for quashing of the proceedings. The High Court having
refused to quash the proceedings, the present appeal has been filed
in this Court. An affidavit of the girl has been filed clearly
stating therein that she was married to the appellant-accused. In
view of such affidavit, the Court had issued notice pursuant to which
the State entered appearance, but the complainant did not make any
appearance. In the light of the said affidavit of the girl admitting
the marriage between her and the present appellant and the statement
made by Ms Indira Jaising, learned Senior Counsel appearing for the
appellant that a child has been born, we think in in the interest of
justice to quash the criminal proceedings. We, therefore, allow this
appeal and direct that the criminal proceedings be quashed.
3. In
view of the above, interim relief in terms of Paragraph No. 17(C).
(M.D. Shah,J.)
Umesh/
Top