Gujarat High Court
Jaswantbhai Naarubhai Rawat vs State Of Gujarat on 9 February, 2021
Bench: Nikhil S. Kariel
R/CR.MA/19448/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 19448 of 2020
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JASWANTBHAI NAARUBHAI RAWAT
Versus
STATE OF GUJARAT
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Appearance:
MR MM TIRMIZI(1117) for the Applicant(s) No. 1
M A HUSSENI(10096) for the Respondent(s) No. 2,3
MS MD MEHTA ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 09/02/2021
ORAL ORDER
1. Heard learned Advocate Shri M.M. Tirmizi for the applicant, learned
APP Ms. M.D. Mehta for the respondent No.1 - State and learned
Advocate Shri M.A. Husseni for the respondent No.2 - original
complainant.
2. By way of present application, the applicant prays for quashing of the
complaint being I C.R. No.180 of 2015 registered with Limdi Police Station,
Dist. Dahod, dated 04.12.2015 for the offences under Sections 363, 366, 376
and 376(n) of the Indian Penal Code and Sections 4 and 6 of the POCSO
Act.
3. Learned Advocate Shri Tirmizi for the applicant submits that the
complaint has been filed in year 2015 inter alia alleging that the applicant
had eloped with the daughter of the complainant. He further submits that
the applicant and the daughter of the complainant at the relevant point of
R/CR.MA/19448/2020 ORDER
time, after the girl had attained the majority, got married and now there are
three children born from the said wedlock. Learned Advocate further
submits that during the pendency of the present application, the matter is
settled between the parties inter se, more particularly, since the dispute was
of private nature, therefore, no fruitful purpose would be served in
permitting the complaint to continue any further. He therefore, prays to
quash the complaint qua the applicant.
4. Learned Advocate Shri Tirmizi submits that the applicant is in judicial
custody since 29.09.2020 and at present, he is in Sub-Jail, Jhalod and
whereas while quashing the complaint, this Court may pass an appropriate
order in that regard.
5. Learned Advocate Shri M.A. Husseni reiterates whatever stated by
the learned Advocate Shri Tirmizi. He submits that the complainant -
Kumanbhai @ Khumansinghbhai Ramsubhai Damor as well as prosecutrix
- Vanitaben D/o. Khumansinghbhai may be permitted to join the meeting.
Permission is granted. The original complainant and prosecutrix are
identified by learned Advocate Shri Husseni. Upon inquiry by this Court,
both confirm the fact of settlement and submit that they would not have
any objection, if the complaint is quashed. Learned Advocate Shri Husseni
submits that affidavits of both i.e. complainant as well as prosecutrix are
filed and they are part of the application.
6. Learned APP Ms. M.D. Mehta strongly opposed the application and
she further submits that the offences committed by the applicants are grave
and serious and therefore, no indulgence may be shown.
7. Having heard learned Advocates for the respective parties and more
particularly, considering the fact that the dispute is settled between the
parties and the fact that the applicant and prosecutrix got married and three
R/CR.MA/19448/2020 ORDER
children are there and further considering the affidavits filed by the original
complainant as well as prosecutrix on 04.10.2020 and also considering the
judgments of the Supreme Court in the cases of Gian Singh Vs. State
of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan
Abbot Vs. State of Punjab , reported in (2008) 4 SCC 582, Manoj
Sharma Vs. State & Ors. , reported in 2009 (1) GLH 190 and
Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in
2014 (2) Crime 67 (SC) , this Court is of the opinion that no fruitful
purpose would be served, if the complaint is proceeded any further.
8. In view of the discussions and observations above, the criminal
complaint being I C.R. No.180 of 2015 registered with Limdi Police Station,
Dist. Dahod, dated 04.12.2015 for the offences under Sections 363, 366, 376
and 376(n) of the Indian Penal Code and Sections 4 and 6 of the POCSO
Act and all consequential proceedings arising from the said complaint are
hereby quashed and set aside qua the present applicant.
Rule is made absolute. Registry is directed to communicate this order
to the concerned Police Station through Email immediately.
The Jail Authorities ie. Sub Jail, Jhalod is directed to release the
applicant forthwith in connection with the impugned complaint, if he is not
required for any other offence.
Direct service through electronic mode is permitted.
(NIKHIL S. KARIEL,J)
Y.N. VYAS
