Gujarat High Court
Rutvik Rajeshbhai Virani vs State Of Gujarat on 8 August, 2023
NEUTRAL CITATION
R/CR.MA/3509/2019 ORDER DATED: 08/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 3509 of 2019
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RUTVIK RAJESHBHAI VIRANI
Versus
STATE OF GUJARAT
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Appearance:
MR PRAVIN GONDALIYA(1974) for the Applicant(s) No. 1,2
NOTICE SERVED for the Respondent(s) No. 2
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 08/08/2023
ORAL ORDER
1. Rule returnable forthwith. Mr. Soaham Joshi, learned APP waives for respondent no.1 - State of Gujarat.
2. By way of present petition, the petitioner have prayed for the following reliefs:
11(A) be pleased to admit this Criminal Misc. Application.
(B) be pleased to allow this Criminal Misc. Application by quashing and setting aside the impugned complaint/ FIR filed by respondent no.2 being C.R. No.I-4 of 2019 registered before the Kotdasangani Police Station in the Page 1 of 5 Downloaded on : Sun Sep 17 00:42:43 IST 2023 NEUTRAL CITATION R/CR.MA/3509/2019 ORDER DATED: 08/08/2023 undefined interest of justice.
(C) pending admission hearing and final disposal of this petition, be pleased to grant stay as to further investigation/ proceedings of FIR filed by respondent no.2 being C.R. No.I-4 of 2019 registered before the Kotdasangani Police Station in the interest of justice.
(D) grant such other and further relief(s) as deemed just and proper by this Hon'ble Court in the interest of justice.
3. Heard learned advocate Mr. Pravin Gondaliya for the applicants and learned APP Mr. Soaham Joshi for the respondent no.1 - State of Gujarat.
Though the respondent no.2 served with the notice issued by this Court, yet has chosen not to appear before this Court either in person or through an advocate and oppose this application.
4. Learned advocate Mr. Gondaliya has drawn attention towards the affidavit filed by the victim viz.Sheetal, daughter of Bhalabhai Bhikhabhai Dafada, whereby she has stated that she is major at the time of incident. She has also stated in the Page 2 of 5 Downloaded on : Sun Sep 17 00:42:43 IST 2023 NEUTRAL CITATION R/CR.MA/3509/2019 ORDER DATED: 08/08/2023 undefined affidavit that at present, she is 26 years old and studied upto M.Com. and was doing private job in the private school at Kotada Sangani. She left her parental home on her own will and wish. Learned advocate Mr. Gondaliya further submitted that during the pendency of this petition, the marriage is solemnized between the accused person and victim girl viz. Sheetalben and out of said wedlock, one child is also born and therefore, leaned advocate would submit that no fruitful purpose would be served to proceed with the complaint filed under the provisions of Sections-366 and 114 of IPC. Therefore, he prays to quash the proceeding by exercising power under Section-482 of Cr.P.C.
5. Per contra, learned APP Mr. Soaham Joshi for the respondent no.1 has submitted that prima-facie case is made out and therefore, normally, this Court should not exercise its power under Section-482 of Cr.P.C. However, considering the subsequent development, this Court may pass appropriate order.
6. I have considered the rival submissions made at the bar. Page 3 of 5 Downloaded on : Sun Sep 17 00:42:43 IST 2023
NEUTRAL CITATION R/CR.MA/3509/2019 ORDER DATED: 08/08/2023 undefined I have also considered the fact that at the time of incident, the victim herself was major and having relation with the petitioner no.1. I have also considered the fact that the victim is now doing job in the private school at Kotada Sangani. Considering the tenure of the affidavit file by the victim girl, it appears that she had her own will and volition left the parental house and therefore, prima-facie, the ingredients of Sections-363, 366 & 114 IPC are not satisfied. Moreover, during pendency of this petition, present petitioner no.1 and victim viz. Sheetal has got married and such wedlock, one child is also born. Therefore, considering the totality of the facts and circumstances, and prima-facie, considering the affidavit, the petitioner no.1 and victim are happily living their life, no fruitful purpose would be served to continue with the proceedings of impugned FIR. Therefore, in view of the judgment of Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab & Another, reported in (2012) 10 SCC 303, this is a fit case where the Court should exercise its inherent power under section-482 of Cr.P.C.
7. In the result, this application is allowed. The F.I.R. being Page 4 of 5 Downloaded on : Sun Sep 17 00:42:43 IST 2023 NEUTRAL CITATION R/CR.MA/3509/2019 ORDER DATED: 08/08/2023 undefined C.R.No.I-04 of 2019 filed before the Kotdasangani Police Station, Rajkot (Rural) is hereby ordered to be quashed qua the petitioners herein. All consequential proceedings pursuant thereto shall stand terminated.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(SANDEEP N. BHATT,J) A. B. VAGHELA Page 5 of 5 Downloaded on : Sun Sep 17 00:42:43 IST 2023