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CR.MA/1286720/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12867 of 2005
=========================================
RAJESHBHAI
RASIKBHAI MEHTA - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance
:
MR JV JAPEE
for Applicant(s) : 1 - 2.
MR DC SEJPAL, ADDL. PUBLIC
PROSECUTOR for Respondent(s) : 1,
MR EE SAIYED for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 19/03/2009
ORAL
ORDER
This
petition has been filed by the petitioner-original accused for
quashing and setting aside the complaint being C.R. No. 1-69/2005 of
Malpur Police Station for offence under sec. 363 and 366 of IPC.
2. As
it transpires, the complaint came to be filed by the complainant
father regarding elopement of his daughter. However, in view of the
order passed in Special Criminal Application No. 1610 of 2005 (Habeas
Corpus petition) by this court on 6.12.2005, the complaint would not
survive as the daughter has married as stated in the said order and
it is required to be set aside.
3. Learned
advocate Mr. Japee has placed on record a copy of the order passed
in Special Criminal Application No. 1610 of 2005 and states that the
parties have married.
4. Accordingly,
the present petition stands allowed. Prayer in terms of para 8(a) is
granted. The complaint being C.R. No. I-69/2005 of Malpur Police
Station for alleged offence under sec. 363 and 366 of IPC is hereby
quashed and set aside.
Rule
is made absolute.
(Rajesh
H. Shukla, J.)
(hn)
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