Gujarat High Court Case Information System
Print
CR.MA/9479/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9479 of
2009
=========================================================
RAJU
@ RAJESHBHAI @ MEHULKUMAR LALABHAI VANKAR - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MA KHARADI for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) : 1,
MR
YATIN SONI for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 11/08/2010
ORAL
ORDER
1. Petitioner
is the original accused. He seeks quashing of the complaint at
Annexure-A ,
bearing C.R. No. I-80/2008, dated 06.06.2008, filed before Sehra
Police Station.
2. The complaint has
been lodged by the father of one Dharmisthaben, who had, according to
the complainant, been kidnapped by the petitioner on 04.06.2008.
3. From the material on
record, it appears that there was an affair between the daughter of
the complainant and the petitioner. She has filed an affidavit to
that effect, which has been produced on record. She had left her
father’s house voluntarily. On attaining 18 years of age, they have
also got married on 01.01.2009. The marriage certificate is also
produced on record. The girls has also filed an affidavit, supporting
the petition.
4. From the above it
can be seen that, though, the daughter of the complainant was just
below 18 years, on the date of the alleged incident, she left her
father’s house voluntarily and it cannot be, therefore, said that she
was taken out of the custody of her guardian.
5. In view of the
decision of the Hon’ble Apex Court in the case of S.Varadarajan
Vs. State of Madras ,
reported in AIR 1965 SC 942, the offence of kidnapping
would not be made out. Additionally, the petitioner and the
daughter of the complainant have been residing together, as husband
and wife since 01.01.2009.
6. Considering
the submissions made and considering the nature of allegations made
in the complaint, I
am of the opinion that no useful purpose would be served in
permitting further investigation in the complaint. Therefore, the
complaint at Annexure-A ,
C.R.
No. I-80/2008, dated 06.06.2008, filed before Sehra Police Station.,
is quashed. Rule is made absolute.
(AKIL
KURESHI, J.)
Umesh/
Top