Maheshkumar Talashibhai Parma vs State Of Gujarat
2023 Latest Caselaw 3568 Guj

     R/CR.MA/3847/2014                                JUDGMENT DATED: 28/04/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL MISC.APPLICATION NO. 3847 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                    No
       to see the judgment ?

2      To be referred to the Reporter or not ?                             No

3      Whether their Lordships wish to see the fair copy                   No
       of the judgment ?

4      Whether this case involves a substantial question                   No
       of law as to the interpretation of the Constitution
       of India or any order made thereunder ?

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                         MAHESHKUMAR TALASHIBHAI PARMA
                                     Versus
                           STATE OF GUJARAT & 1 other(s)
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Appearance:
MR SANJAY PRAJAPATI(3227) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
MR. J.K.SHAH, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                 Date : 28/04/2023

                                 ORAL JUDGMENT

1. The present Application has been preferred by the Applicant / Original Accused under the provisions of Section 482 of the Code of Criminal Procedure, 1973 praying for quashing of the FIR being I-CR No. 228 of 2012

R/CR.MA/3847/2014 JUDGMENT DATED: 28/04/2023

registered with Naroda Police Station, Ahmedabad for the offence punishable under Sections 363 and 366 of the Indian Penal Code.

2. Heard learned Advocate Mr. Sanjay Prajapati for the Applicant. Learned Advocate Mr. Prajapati submitted that the present FIR has been lodged by one Dineshbhai Ukabhai Makwana being Respondent No.2 against the present Applicant for the offence punishable under Section 363 and 366 of IPC. In the said FIR it has been alleged against the Applicant that he had abducted the minor daughter of the first informant namely Bharti with an intention to marry her. It is submitted that the Applicant and the victim were having the love affair and as a result of the same the victim on her own volition had gone with the present Applicant. The date of birth of the victim is 23.6.1994. After she attained majority the present Applicant and the victim have entered into marriage on 4.7.2012 and a daughter Jinal was born out of the said wedlock. At present the Applicant and the victim are living happily. He therefore submitted to allow the present Application.

3. The Application is opposed by learned APP Mr. J.K.Shah for the Respondent - State.

4. Heard learned Advocates for the parties and perused the record. This Court has gone through the record of the present Application.

5. The victim - Bhartiben Dineshbhai Makwana had affirmed the Affidavit on 4.7.2012 wherein she has stated that she had a love affair with the present Applicant. Her date of birth is 23.6.1994. On 4.7.2012 the Applicant and the victim have got married to each other. A copy of the Marriage Certificate is produced on record vide Annexure-C. Out of the said wedlock a daughter named Jinal was born to the victim on 23.7.2013.

      R/CR.MA/3847/2014                                JUDGMENT DATED: 28/04/2023




5.1      Having regard to these facts, there is no point in continuing with the

proceedings of the FIR in question and other proceedings arising out of the said FIR. The same would amount to abuse of process of law.

6. Considering these aspects, the present Application deserves to be allowed and is hereby allowed. The FIR being I-CR No. 228 of 2012 registered with Naroda Police Station, Ahmedabad and all other subsequent proceedings arising out of the said FIR are hereby quashed and set aside. Rule is made absolute.

(M. R. MENGDEY,J) J.N.W / 29