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CR.MA/5477/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5477 of 2011
=========================================
NILESHKUMAR
JAGDISHBHAI VAGHELA & 3 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
AMIT N PATEL for
Applicant(s) : 1 - 4.
MR LR POOJARI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
MR PUNAM G GADHVI for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 10/05/2011
ORAL
ORDER
1. Rule.
Mr.L.R.Poojari, learned APP wavies service of notice on behalf of
respondent no.1 – State and Mr.Punam Gadhvi, learned Advocate
wavies service of notice on behalf of respondent no.2. Present
petition is filed to quash FIR being C.R.No.I-42 of 2011 registered
before Kamla Bag Police Station, Porbander for the offence under
sections 406, 366, 380, 504, 506(2) of Indian Penal Code.
2. Petitioner
Nos.1 and 3 are husband and wife. Petitioner no.2 is father of
petitioner no.1. Petitioner no.4 is relative of petitioner nos.1 to
3. Petitioner no.3 who is daughter of respondent no.2, is present
before this Court. She is identified by the learned Advocate. It is
submitted by her that she is 20 years old and she got married with
petitioner no.1 on 05.03.2011. Marriage certificate of petitioner
no.1 with petitioner no3. and Birth certificate of petitioner no.3
are produced on record. Affidavit of petitioner no.3 to this effect
is also placed on record. Petitioner no.3 is firm to her version and
she intends to stay with petitioner no.1 – her husband.
Respondent no.2 – original complainant along with her husband
along with other relatives are also present.
3. Petitioner
No3 submitted that at present she not willing to go with her father
and according to her will she married with petitioner no.1 and she is
happy at her matrimonial house. It is also stated that there is no
fear from in laws of petitioner no.1 – her husband.
4. Reliance
is placed on a decision of the Apex Court reported in (2000)
10 SCC 10 in the case of Fazle Gaffer Khan and Others v/s. State of
W.B. and Another
wherein proceedings arising out of complaint for the offence under
section 366 of IPC has been quashed. It has been held by the Apex
Court in para 3 of the said judgment as under :-
“3. The
appellant faces criminal proceedings on a charge under section 366 of
IPC on the allegation that he kidnapped a minor girl. On the basis of
the first information report(FIR) the police took up 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
482 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 it in the interest
of justice to quash the criminal proceedings. We, therefore, allow
this appeal and direct that the criminal proceedings be quashed.”
5. Applying
the above ratio to the facts of the present case, as the victim who
is major has stated that she married to petitioner no.1 and they are
staying together as husband and wife under one roof, I am of the
opinion that no useful purpose would be served by permitting the
criminal proceedings pending against the applicants to continue as it
would be abuse of process of the Court. Hence, the complaint in
question is required to be quashed.
6. In
view of above present application is allowed. Complaint / FIR being
C.R.No.I-42 of 2011 registered before Kamla Bag Police Station,
Porbander and proceedings thereunder are quashed. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
If
protection is asked by the present petitioners, then, concerned
Police Officer of concerned Police Station will take care.
[M.D.Shah,
J.]
satish
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