Gujarat High Court
Niraj Kripalsinh Bishan vs State Of Gujarat on 26 February, 2021
Bench: Nikhil S. Kariel
R/CR.MA/11804/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 11804 of 2020
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NIRAJ KRIPALSINH BISHAN
Versus
STATE OF GUJARAT
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Appearance:
MR NIRAV C SANGHAVI(5950) for the Applicant(s) No. 1
MR MAHESH K POOJARA(5879) for the Respondent(s) No. 2
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 : 26/02/2021
ORAL ORDER
1. Heard learned Advocate Shri Nirav C. Sanghavi for the applicant,
learned APP Ms. M.D. Mehta for the respondent No.1 State and learned
Advocate Mr. Mahesh Pujara for the respondent No.2 - original
complainant.
2. By way of this application, the applicant prays for quashing of the
complaint being C.R. No. I - 48 of 2016 registered with Thorala Police
Station, Dist. Rajkot Ctiy for the offences punishable under Sections 363,
366, 376(2)(n) and 144 of the Indian Penal Code and Sections 4 and 6 of the
Protection of Children From Sexual Offences Act as well as all the
consequential proceedings arising out of the aforesaid FIR.
3. Learned Advocate Shri Sanghavi submits that pursuant to the filing
of the application, applicant and the prosecutrix got married after the
prosecutrix had attained the age of majority. He further submits that out of
R/CR.MA/11804/2020 ORDER
the wedlock of applicant and prosecutrix, a child has been born. He further
submits that considering the fact that the parties have settled the dispute
inter se, no fruitful purpose would be served, if the complaint impugned and
the proceedings arising out of the same are not quashed.
4. Learned Advocate Shri Pujara upon joining the meeting requests for
permission to join the complainant - Navalbhai Kishorbhai Mali, who is
present in the office of learned Advocate Shri C.D. Sankaliya and upon
joining the meeting, said complainant is identified by learned Advocate Shri
Pujara and upon inquiry by this Court, the complaint confirms that the
matter has been settled between the parties and he would not have any
objection, if the complaint as well as Criminal Case are quashed against the
applicant. Learned Advocate submits that the complainant has already filed
an affidavit to this regard, which is at page 32 of the application.
5. Learned APP Ms. M.D. Mehta strongly opposed the quashing of the
complaint and she further submits that the offences committed by the
applicants are serious in nature and therefore, no indulgence may be shown.
6. Considering the submissions made by the learned Advocates for the
parties and considering the fact that the dispute between the parties was
private in nature i.e. matrimonial and the fact that the applicant and the
prosecutrix got married and there is a child out of said wedlock 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.
R/CR.MA/11804/2020 ORDER
7. In view of the discussions and observations above, the criminal
complaint being C.R. No. I - 48 of 2016 registered with Thorala Police
Station, Dist. Rajkot Ctiy for the offences punishable under Sections 363,
366, 376(2)(n) and 144 of the Indian Penal Code and Sections 4 and 6 of the
Protection of Children From Sexual Offences Act as well as the proceedings
arising out of said FIR being Special POSCO Case No.77 of 2020 pending
before the Court of 4th Additional Sessions Judge, Rajkot, are hereby
quashed qua the applicants.
Rule is made absolute. Registry is directed to communicate this order
to the concerned Police Station through Email immediately.
(NIKHIL S. KARIEL,J)
Y.N. VYAS
