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SCR.A/1031/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1031 of 2010
=========================================================
MAHOBATSINH
PRATAPSINH BHILOLA - Applicant(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance
:
MR
DASHRATH CHAUHAN for
Applicant(s) : 1,
MR KL PANDYA, ADDL PUBLIC PROSECUTOR for
Respondent(s) : 1,
DS AFF.NOT FILED (R) for Respondent(s) :
2,
None for Respondent(s) : 3 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 26/07/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The
present petition has been preferred by the petitioner-father to set
his daughter free on the allegation that she has been wrongfully
confined by respondent No.4.
2. Pursuant
to the orders passed by this Court in the present petition, there
were various Reports submitted. During the course of the inquiry, it
has transpired that the corpus has voluntarily married Ashish
Vinodbhai Patel on 08.09.2009 and the registration has also been made
on 09.09.2009. Further, it has also transpired that she had filed an
affidavit stating that she is voluntarily marrying and the statement
of the advocate shows that there was no complaint or coercion on the
part of the person who has sworn the affidavit, namely the corpus.
The priest who performed the marriage, namely Pareshbhai Dahyabhai
Joshi, has also stated before the Police that it was a voluntary
marriage.
3. Under
these circumstances, we find that when the corpus, aged about 27
years, has voluntarily married, the allegation of the petitioner,
being father, just to secure her presence in one way or another,
cannot be said to be bona fide nor can it be said that there is any
wrongful confinement of the corpus.
4. Hence,
we find that the petition deserves to be dismissed. Hence, dismissed.
Rule is discharged.
5. Out
of the amount of Rs.10,000/- which has been deposited by the
petitioner, an amount of Rs.2,500/- shall be paid to the State
through the office of the Public Prosecutor towards the cost and the
amount of Rs.7,500/- shall be returned to the petitioner by an
Account Payee Cheque.
(Jayant
Patel, J.)
(Smt.Abhilasha
Kumari, J.)
(sunil)
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