NEUTRAL CITATION
R/CR.MA/10441/2018 ORDER DATED: 07/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 10441 of 2018
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SHILPABEN W/O SHAILESHKUMAR MAKWANA (THAKOR) AND D/O
BALDEVJI PRAHLADJI THAKOR & 1 other(s)
Versus
STATE OF GUJARAT & 2 other(s)
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Appearance:
ADVOCATE NOTICE SERVED for the Applicant(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 07/08/2023
ORAL ORDER
1. By way of present application, the applicants - original accused have prayed for the following reliefs:-
15(A) be pleased to admit and allow this application;
(B) be pleased to quash and set aside the FIR registered with Ranip Police Station, Ahmedabad being C.R. No.I- 29/2016; under the provisions of sections-363, 366 & 380 of IPC and sec.3 & 4 of POSCO Act; (Annexure - A) and be further pleased to quash all further proceedings of the said FIR;
(C) pending hearing and final disposal of this application, be pleased to stay the further proceedings/ investigation, Page 1 of 3 Downloaded on : Sun Sep 17 00:24:53 IST 2023 NEUTRAL CITATION R/CR.MA/10441/2018 ORDER DATED: 07/08/2023 undefined with respect to the offence registered with Ranip Police Station, Ahmedabad being C.R. No.I-29/2016;
(D) any other and further relief/s, may kindly be granted, in the interest of justice;
2. Though notice is served to the no-one is appeared on behalf of applicants nor respondent. It transpires from the record that the marriage has taken place between the applicant no.1 i.e. victim girl and applicant no.2 and a copy of registration of marriage, which is taken place on 23.05.2018, is also on record. It further transpires from the record that out of this wedlock, one daughter is born viz.Lisa on 15.09.2017. Though the FIR is registered under Sections-363, 366 & 380 of IPC and Sec.3 & 4 of POSCO Act, but now, both the applicants are happily living their life, no fruitful purpose would be served to continue with the proceedings of impugned FIR.
3. 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. Page 2 of 3 Downloaded on : Sun Sep 17 00:24:53 IST 2023
NEUTRAL CITATION R/CR.MA/10441/2018 ORDER DATED: 07/08/2023 undefined
4. In the result, this application is allowed. The F.I.R. being C.R.No.I-29 of 2016 filed before the Ranip Police Station, Ahmedabad, is hereby ordered to be quashed. All consequential proceedings pursuant thereto shall stand terminated.
(SANDEEP N. BHATT,J) A. B. VAGHELA Page 3 of 3 Downloaded on : Sun Sep 17 00:24:53 IST 2023