Mohammad Saffan Shaukat Patel vs State Of Gujarat
2021 Latest Caselaw 6531 Guj

    R/CR.MA/9718/2021                               ORDER DATED: 21/06/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 9718 of 2021

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                    MOHAMMAD SAFFAN SHAUKAT PATEL
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR VAIBHAV N SHETH(5337) for the Applicant(s) No. 1
MS. MOXA THAKKAR, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                            Date : 21/06/2021

                             ORAL ORDER

1. RULE returnable on 07.07.2021. Learned APP waives service of notice of rule for and on behalf of the respondent - State.

2. It is alleged in the FIR that the complainant Yasminbano Abdul Salam is aged 25 years and has studied B-Pharm at Akkalkuva and is residing with her parents and younger sister at Duliya.

2.1 It is further alleged that on 27.08.2020, the complainant got engaged with the applicant who is working at a medical store at Ankleshwar and they had met each other at Akkalkuva at complainant's maternal aunt's place and the same turned into deep friendship and in turn they got engaged.

2.2 It is further alleged that on 20.01.2021, the complainant was invited to attend a religious function held at the place of applicant which she attened and the in laws insisted her to stay back and she stayed back. It is further alleged that on 22.01.2021, when the complainant was cooking food and other in laws had gone to market and the applicant

R/CR.MA/9718/2021 ORDER DATED: 21/06/2021

was at home who told the complainant to come with clothes upstair and he would take bath and when the complainant went with the clothes, the applicant shut the door and the complainant was pulled towards him. It is further alleged that the complainant resisted and told the applicant that they are not yet married and the applicant told that they are going to get married and then the act was performed against the wish of complainant and she started crying. It is further alleged that when the mother of the applicant came home, the complainant informed everything to her and she was told not to disclose anything to anyone else the engagement would be broken and not to take any tension. It is further alleged that thereafter, the complainant stayed there till 26.01.2021 and once again, the applicant tried to commit the act and the complainant got herself saved somehow and when her father called to talk, the complainant was permitted to talk.

3. It is further alleged that on 27.01.2021, when the complainant came back to her parents, she informed everything to her own mother and then on next day, applicant's mother telephoned mother of complainant and she was told about the incident who asked complainant's mother not to disclose anything to her husband as well and they are going to marry each other soon and the complainant was asked to forget the incidence.

4. It is further alleged that on 07.03.2021, the complainant and her entire family were invited to the marriage of sister of applicant and after the marriage was over, the applicant informed in front of everyone that he does not want to marry complainant as he dislikes her and the complainant became unconscious hearing the same and then she was taken to hospital and then decided to register a complaint and thus, upon the aforesaid allegations,a police complaint came to be registered.

R/CR.MA/9718/2021 ORDER DATED: 21/06/2021

5. Learned advocate Mr.Vaibhav N. Sheth for the applicant has placed reliance on the judgment of the Apex Court in the case of Sonu @ Subhash Kumar V/s. State of Uttar Pradesh & Anr. reported in AIR 2021 SC 1405. It cannot be denied that the complainant and the applicant were engaged in the month of August, 2020 and the physical relations were consensual and only when the applicant denied the marriage, the impugned FIR has been registered. He has submitted that the applicant had refused to marry when he and his family came to know that they were kept in dark about the age of complainant who is found to be four years elder and since engagement was premised on misconception of fact, the marriage was refused. It is submitted that there was no pressure, threat or coercion from the applicant on the complainant to develop the physical relationship and since both were engaged, such relationship was consensual.

6. Under the facts and circumstances and in light of the aforesaid facts, this Court is of the opinion that the applicant is entitled to interim protection. However, it is directed that he shall remain present before the Investigating Officer on 28.06.2021 between 11.00 a.m. and 5.00 p.m. for getting the statement recorded. The Investigating Officer shall record his statement and prepare the report for perusal of this Court.

7. Registry shall accept the report as and when it is filed.

(A. S. SUPEHIA, J) VARSHA DESAI