Mehul @ Mahipat S/O Chandubhai @ ... vs State Of Gujarat

                                                                                  NEUTRAL CITATION




     R/CR.MA/4303/2014                             JUDGMENT DATED: 04/08/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL MISC.APPLICATION NO. 4303 of 2014


FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE M. R. MENGDEY
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1      Whether Reporters of Local Papers may be allowed
       to see the judgment ?

2      To be referred to the Reporter or not ?

3      Whether their Lordships wish to see the fair copy
       of the judgment ?

4      Whether this case involves a substantial question
       of law as to the interpretation of the Constitution
       of India or any order made thereunder ?

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MEHUL @ MAHIPAT S/O CHANDUBHAI @ CHANDRAKANT DEVMURARI
                    (SADHU) & 1 other(s)
                          Versus
                    STATE OF GUJARAT
==========================================================
Appearance:
MR P P KASVALA(2404) for the Applicant(s) No. 1,2
MS. VRUNDA C. SHAH, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                               Date : 04/08/2023

                              ORAL JUDGMENT

1. By filing the present Application under Section 482 of the Code of Criminal Procedure, 1973, the Applicants (Original Accused Nos. 1 and 2) have prayed for the following reliefs:

NEUTRAL CITATION R/CR.MA/4303/2014 JUDGMENT DATED: 04/08/2023 undefined "(A) Your Lordships may be pleased to admit and allow this application.

(B) Your Lordships may be pleased to quash the complaint at Annexure-A registered at Bapunagar Police Station I-C.R. No. 112 2012 for the offences punishable Us. 363, 366 of I.P.C. qua the applicant no.1.

(C) Pending hearing and final disposal of this application, Your Lordships may be pleased to stay the further investigation in connection with the complaint at Annexure-A register at Bapunagar Police Station I-C.R. No. 112/2012 for the offences punishable U/s. 363, 366 of I.P.C. qua the applicant no.1.

(D) Any other relief deemed just and proper may please be granted in the interest of justice."

2. Heard learned Advocate Mr. P.P.Kasvala appearing for the Applicants. He submitted that the father of Applicant No.2 has lodged the impugned FIR against the Applicant No.1 for the offences punishable under Sections 363 and 366 of the Indian Penal Code.

3. The alleged incident had taken place on 23.4.2012 whereas the FIR came to be lodged on 27.4.2012. He further submitted that; at the time of incident; both the Applicants were major and, subsequent to the incident, the Applicants have got married and a girl child namely Naitri is born out of the said wedlock. Learned Advocate for the Applicants has also placed a copy of the Marriage Registration Certificate and a copy of the birth certificate of Naitri on record.

NEUTRAL CITATION R/CR.MA/4303/2014 JUDGMENT DATED: 04/08/2023 undefined

4. Learned Advocate for the Applicants has further submitted that Applicant No.2, in her statement before the investigating agency has clearly stated that she was major at the time of incident and, since, she was in love with Applicant No.1, she had left her parental house on her own volition and freewill and, had subsequently married to Applicant No.1. Thus, the ingredients for offence punishable under Section 363 and 366 of IPC are not made out against Applicant No.1, and therefore, submitted to allow the present Application and quash and set aside the impugned FIR and all other consequential proceedings.

5. The Application is opposed by learned APP Ms. Vrunda C. Shah. She strenuously submitted that the Applicant No.1 had induced Applicant No.2 to accompany him on the ground of marriage, and thus, the Applicant No.2 had accompanied him. She therefore submitted to dismiss the present Application.

6. Though served, nobody appears for Respondent No.2 - Original Complainant.

7. Heard learned Advocates for the parties and perused the record.

8. Admittedly, the alleged incident had taken place on 23.4.2012. A copy of the birth certificate of the Applicant No.2 is produced on record. As per the same, the date of birth of Applicant No.2 is 1.8.1995. Taking the said aspect into consideration, it appears that the Applicant No.2 was not major at the time of incident. However, the statement of Applicant No.2 has been recorded by the Investigation Officer on 31.3.2014 wherein she has stated that; when she was studying in standard 10th, she came in contact with Applicant No.1 - Mehul and, both of them started liking each other, and the same resulted into love affair between them. Both of them are knowing each other since 2010 and are in relationship. She wanted to marry Applicant No.1 and wanted to run Page 3 of 4 Downloaded on : Sun Sep 17 00:09:46 IST 2023 NEUTRAL CITATION R/CR.MA/4303/2014 JUDGMENT DATED: 04/08/2023 undefined away with him. However, since her age was 18, the Applicant No.1 pursued her not to run away and wait for her to attend the age of 18. As per her statement, it appears that she had not been abducted by the Applicant No.1.

9. The record also indicates that the Applicant No.1 and Applicant No.2 have got married to each other on 2.8.2013. A copy of the Marriage Registration Certificate is produced on record. Moreover, a daughter named Naitri is also born out of the said wedlock on 30.3.2016. The Applicant No.1 and Applicant No.2 seem to be living happily after marriage with their daughter.

10. Considering these aspects, it appears that there is no point in continuing with the present proceedings, rather it would be an abuse of process of law. Therefore, the present Application deserves to be allowed.

11. Under the circumstances ,the present Application is allowed. The FIR being I-CR No. 112 of 2012 registered with Bapunagar Police Station, Ahmedabad for the offence punishable under Sections 363 and 366 of IPC, and all other consequential proceedings arising there from are hereby quashed and set aside so far as it relates to the present Applicants.

Rule is made absolute.

(M. R. MENGDEY,J) J.N.W Page 4 of 4 Downloaded on : Sun Sep 17 00:09:46 IST 2023