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CR.MA/12358/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12358 of 2010
=========================================
YOGESHBHAI
WAGHJIBHAI THAKKAR & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
VIJAY H NANGESH for
Applicant(s) : 1 - 3.
MS CM SHAH, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 2,
MR
BS KHATANA for Respondent(s) : 2,
MR DEVANG J JOSHI for
Respondent(s) : 2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 21/03/2011
ORAL
ORDER
1. Applicant
no.1 has affair with victim – Nilofer (daughter of the
complainant) and both got married. Applicant no.2 is uncle of
applicant no.1. Applicant no.3 is brother of applicant no.1.
Complainant lodged complaint against present applicants for the
offence under section 366, 504, 506(2), 114 of the Indian Penal Code.
2. It
is submitted by the learned Advocate for the applicants that
applicants no.2 and 3 are on bail. It is submitted by learned
Advocate for the applicants that applicant no.1 and victim –
Niloger got married and marriage certificate is placed on record
along with photographers. Affidavit of victim is also placed on
record.
3. It
is submitted by learned Advocate that in light of judgment of Hon’ble
Supreme Court when there is inter caste marriage it is duty of the
State agency to provide necessary protection to the couple as well as
relatives of the petitioners. It is submitted that as per this
judgment in such type of case, to continue with criminal proceedings,
would be harassment to concerned parties and therefore, requested to
quash the complaint.
4. On
the basis of above contentions raised by the petitioners, this Court
passed order on 14.10.2010 and granted ad interim relief and
investigation was stayed. Thereafter, the matter was listed several
times but petitioner no.1 along with victim – Nilofer did not
remain present before this Court nor before the police agency. On
18.03.2011, this Court has also passed order for securing presence of
present petitioner no.1 along with victim- Nilofer. Today, also
present petitioner no.1 along with victim girl are not present.
Nothing comes out on record to show whereabout of the petitioner no.1
and victim – girl. Whether crime is committed with the victim –
girl or not is also subject of investigation as victim – girl
is not present before this Court nor before the police. Merely
because affidavit of victim and marriage certificate is produced,
investigation cannot be stayed nor complaint can be quashed. As
discussed above, whereabout of applicant no.1 and victim is not
available.
4. In
view of above, present application is dismissed. As and when
petitioner no.1 and victim – girl are available, applicants are at
liberty to file fresh application.
[M.D.Shah,
J.]
satish
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