Gujarat High Court Case Information System
Print
SCR.A/769/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 769 of 2011
=========================================
DAMALI
SURESH NAINAJIBHAI & 1 - Applicant(s)
Versus
RAVAL
DASHRATHBHAI KHEMCHAND & 1 - Respondent(s)
=========================================
Appearance :
MR
PRABHAV A MEHTA for
Applicant(s) : 1 - 2.
UNSERVED-REFUSED (N) for Respondent(s) :
1,
MS CM SHAH, ADDL. PUBLIC PROSECUTOR for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 29/04/2011
ORAL
ORDER
1. Heard
Mr.Prabhav Mehta, learned Advocate for the applicants and
Ms.C.M.Shah, learned APP for respondent no.2 – State.
2. Present
petition is filed by the applicants,
to
quash the complaint being FIR dated 12.11.2010 being M.Case No.7 of
2010 registered with Chanasma Police Station for the offence
punishable under sections 363, 366, 380 and 114 of the Indian Peal
Code. Respondent no.1-original complainant has filed the above
complaint alleging that his daughter (applicant no.2) got married
with applicant no.1 against the will of parents.
3. It
is submitted by Mr.Mehta, learned Advocate for the applicants that
marriage had taken place between applicant no.1 and applicant no.2.
When marriage took place both were major. It is also stated that both
are staying as husband and wife. It is also stated that as applicant
no.2 (daughter of respondent no.1 – original complainant) got
married against the will
of parents, false complaint is filed and therefore, it is requested
to allow present application.
4. It
is pertinent to note that at present applicant nos.1 and 2 are major
and even marriage certificate is also placed on record to show that
marriage of applicants took place and at present they both are
staying as husband and wife.
5. 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(FIRT) 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.”
6. Applying
the above ratio to the facts of the present case, as the victim who
is major has stated that she married to applicant 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.
7. In
view of above, complaint being FIR dated 12.11.2010 being M.Case
No.7 of 2010 registered with Chanasma Police Station and proceedings
thereunder are quashed. Present application is accordingly allowed.
Direct service is permitted.
[M.D.Shah,
J.]
satish
Top