Gujarat High Court
Bipinbhai Arvindbhai Katara & vs State Of Gujarat & on 30 August, 2016
Author: Sonia Gokani
Bench: Sonia Gokani
R/CR.MA/19726/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 19726 of 2016
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BIPINBHAI ARVINDBHAI KATARA & 1....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR IM PANDYA, ADVOCATE for the Applicant(s) No. 1 - 2
MS CM SHAH, PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 30/08/2016
ORAL ORDER
1. The petitioners have approached this Court seeking quashment of the complaint being I- C.R. No. 0010/2016 registered with Isri Police Station, District: Aravalli under Sections 363, 366, 376, 323, 504, 506(2) and 114 of the Indian Penal Code and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.
2. On 16.08.2016, this Court, having noticed the young age of the prosecutrix, had passed the following order;
"The parents of the respondent No.2 shall be called before this Court through the Investigating Officer on the next date of hearing. The respondent No.2 is agreeable to quashment of the first information Page 1 of 4 HC-NIC Page 1 of 4 Created On Fri Sep 02 01:37:12 IST 2016 R/CR.MA/19726/2016 ORDER report lodged by her against the applicants.
Considering her young age and mind, it would be in the fitness of things to work out some modalities for her safety and also qua her pursuing her studies and residing with her parents till she attains majority.
In that view of the matter, let the matter appear on August 23, 2016. In the meantime, there shall not be any coercive steps against the applicants by the Investigating Officer.
Direct Service is permitted."
3. Today, the father of the prosecutrix and her elder sister are present. This Court also had an occasion to speak to the prosecutrix, who has shown her keen desire to pursue her further studies. She has agreed to join her father at her own residence, and therefore, has urged that she may not be disturbed in her studies.
4. Learned Advocate, Mr. Pandya, appearing for the petitioners has urged that rule be issued in this case and the petitioners be protected so that they may also not face any difficulty at the hands of the investigating agency.
5. Considering the fact that the prosecutrix has not completed 18 years of age and Page 2 of 4 HC-NIC Page 2 of 4 Created On Fri Sep 02 01:37:12 IST 2016 R/CR.MA/19726/2016 ORDER as she has shown her desire to join her father, at the same time, the father of the prosecutrix and her elder sister have also assured this Court that she shall not be forcibly asked to marry. They have also further assured to take good care of the prosecutrix. On the other hand, Petitioner No.1 also assures that he shall neither contact nor visit the prosecutrix.
6. Having heard the learned Counsels for the parties and considering the chronology of the events and also the circumstances on record, the matter would require consideration. Let RULE be issued in this matter, making the same returnable on 31ST MARCH, 2017.
7. Learned APP waives service of rule for Respondent No.1-State.
8. In the meantime, there shall be NO COERCIVE action against the present petitioners, who shall, however, cooperate with the investigation. For the aforesaid purpose, the original accused No.1-petitioner No.1, herein, namely BIPIN ARVINDBHAI KATARA, shall remain present before the concerned police station on 3RD SEPTEMBER, 2016 between 11:00 A.M. TO 12:00 A.M. for giving his samples etc..
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R/CR.MA/19726/2016 ORDER
9. It is further directed that a Protection Officer, as provided under the Protection of Women from Domestic Violence Act, 2005, so also a lady Police Officer shall PERIODICALLY VISIT the prosecutrix at her father's residence so as to ensure her wellbeing and that she continues her further studies.
10. A copy of this order be provided to the learned APP for her onward communication and compliance.
DIRECT SERVICE is permitted.
(MS SONIA GOKANI, J.) UMESH Page 4 of 4 HC-NIC Page 4 of 4 Created On Fri Sep 02 01:37:12 IST 2016