Gujarat High Court
Mahesh Karshanbhai Shingad vs State Of Gujarat & on 23 February, 2015
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/19645/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 19645 of 2014
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MAHESH KARSHANBHAI SHINGAD....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR VH KANARA, ADVOCATE for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MR LB DABHI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 23/02/2015
ORAL ORDER
1.0 With the consent of the parties, the matter is taken up for final hearing today.
2.0 By way of present application under Section 482 of the Code of Criminal Procedure, the applicant has prayed to quash and set aside the FIR being C.R. No. I 39 of 2014 registered with Lalpur Police Station, Jamnagar for the offences punishable under Sections 363, 366 of the Indian Penal Code as well as all consequential proceedings arising therefrom.
Page 1 of 5
R/CR.MA/19645/2014 ORDER 3.0 The respondent no.2 lodged an FIR against the applicant herein
accusing him of having kidnapped his minor daughter. His minor daughter namely Manju @ Meena at a relevant point of time, was 17 years and 11 months old.
4.0 Learned advocate appearing for the applicant has identified the applicant as well as prosecutrix who are present before the Court. 5.0 According to the applicant, the applicant has not kidnapped the daughter of the complainant, but she has voluntarily left her parental home on her own, and as such no offence as alleged in the first information report in question can be said to have been constituted. It is the case of the applicant that he has entered into marriage with the daughter of respondent no.2 original complainant who has attained the age of majority and they are residing together happily. It is the case of the applicant that the filing of the first information report in question, which is absolutely false and frivolous, amounts to an abuse of the process of Court and as such, is required to be quashed. 6.0 Learned advocate appearing on behalf of the applicant has relied upon the unreported decision dated 19.02.2008 rendered by coordinate Bench of this Court (Coram: Honble Ms.Justice H.N.Devani) in Criminal Misc. Application No.757 of 2008 and submitted that the applicant has married with the daughter of the complainant, who has now attained the age of majority and they are happily residing together. Page 2 of 5
R/CR.MA/19645/2014 ORDER 7.0 Learned advocate appearing for the applicant placed reliance on
the decision of the Honble Apex Court in case of Gian Singh versus State of Punjab & Anr. reported in 2012(10)SCC 303 as well as in the case of Jitendra Raghuvanshi & Ors. V/s. Babita Raghuvanshi & Anr. reported in [2013(3)] 54 (3) G.L.R 1875 and submitted that there is no need to proceed further with the trial.
8.0 Pursuant to oral order dated 15.01.2015, respondent no.2 original complainant - Bhimshibhai @ Dalubhai Bhajabhai Mariya who is father of the prosecutrix is present in the Court. He has given statement before the investigating agency and he has been identified by the investigating officer. As per the his statement, it is stated that since his daughter has entered into marriage with the present applicant he is not interested in pursuing the FIR impugned in the application. 9.0 I have heard learned advocate appearing on behalf of the respective parties and perused the impugned FIR as well as Affidavit filed by the prosecutrix dated 17.11.2014, The affidavit of the prosecutrix reads as under:
I, Manju @ Mina Bhimshibhai Mariya w/o Mahesh Shingad, Age 18 years, Sex; Female, Residing at 232, Vadi Vistar Godavari, Taluka: Lalpur, District: Jamnagar do hereby solemnly affirm on oath as under:Page 3 of 5
R/CR.MA/19645/2014 ORDER
1. I have gone through the memo of petition and captioned documents. I am conversant with the facts of the case.
a. It is submitted that the present petitioner and I both in love since long time and therefore, I was runaway with the present petitioner with my own will. It is also submitted that at the time of incident my age was 17 years, 11 months and 24 days and I was almost major and after six days become major and the petitioner and I both get married so in this backdrop the same FIR may be quashed and set aside in the interest of justice b. It is submitted that petitioner I got married on 21.07.2014 at Shiv Mandir at Virvidarka Village and it was also registered before the marriage registrar of Virvidarka being Sr. No. 4 of 2014.
c. It is submitted that after completing marriage I have written letter to D.S. P. Jamnagar, Lalpur Police Station, her father Mariya bhmishin Bhojabhai, father of the petitioner Shingad Karshan Devshi, Mariya Meraman Bhojabhai and addressed that now I am major and I have a love with present petitioner therefore, without any pressure, threat and fully conscious I get married with present petitioner by registered marriage and no we become husband and wife.
2. I make this statement in full consciousness and there is no threat from anybody to stating so as we have already married and we are both enjoying our marriage life very happily. In view of this backdrop the above FIR may be quashed and set aside in the interest of justice.
3. In view of the aforesaid facts and circumstances , present petition may be entertained and the same may be allowed by quashing the F.I. R. Page 4 of 5 R/CR.MA/19645/2014 ORDER 10.0 I have also gone through the statement of original complainant recorded by the concerned Investigating officer and a copy of the statement is taken on record.
11.0 Considering the affidavit filed by the prosecutrix and statement of respondent no.2 original complainant and the fact that applicant has entered into marriage with the daughter of respondent no.2 original complainant, I am of the opinion that it would be a futile exercise if the trial is permitted to go on. Hence, the application requires consideration and the same is allowed accordingly. The FIR being C.R. No. I 39 of 2014 registered with Lalpur Police Station Jamnagar for the offences punishable under Sections 363 and 366 of the Indian Penal Code and all consequential proceedings arising therefrom are hereby quashed and set aside qua the applicant. Rule is made absolute. Direct service is permitted.
(A.J.DESAI, J.) niru* Page 5 of 5