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SCR.A/1397/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1397 of 2010
=========================================================
SHWETA
D/O DINESHBHAI KARAMSHIBHAI PATEL & 4 - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
ANKUR Y OZA for
Applicant(s) : 1 - 5.MRNJPATEL for Applicant(s) : 1 - 4.
MR JK
SHAH, APP for Respondent(s) : 1,
None for Respondent(s) : 2,
MR
MEHUL H RATHOD for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 20/08/2010
ORAL
ORDER
Petitioners
are the original accused. They seek quashing of complaint Annexure-A
being C.R. No.I-59/2010 registered before Balasinor police station.
Complainant is father of one girl namely Shweta who is admittedly
more than 18 years of age. Complainant has alleged that accused have
kidnapped the girl. In the complaint itself he assessed the age of
girl as 19 years. Petitioner no.1 herself is daughter of the
complainant. She has filed affidavit not only in this petition but
separately that she left her father’s house voluntarily as there was
an affair with petitioner no.2. Investigating Officer has also
recorded statement of daughter of complainant in which also same
facts are emerging.
Under
the circumstances, I do not find that allegations made in the
complaint need to be investigated. Permitting investigation and trial
into such allegations would amount to abuse of process of Court.
Before
concluding, counsel for both sides agreed that parties may attempt
dialogue to ensure that complainant can have good relation with
daughter and other petitioners.
In
the result complaint Annexure-A being C.R. No.I-59/2010 registered
before Balasinor police station is quashed.
Petition
is disposed of. Rule made absolute accordingly.
(Akil
Kureshi,J.)
(raghu)
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