Dineshbhai Veerabhai Minama vs State Of Gujarat
2023 Latest Caselaw 3571 Guj

     R/CR.MA/3484/2014                                JUDGMENT DATED: 28/04/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL MISC.APPLICATION NO. 3484 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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                  DINESHBHAI VEERABHAI MINAMA & 3 other(s)
                                 Versus
                       STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
MR SANJAY PRAJAPATI(3227) for the Applicant(s) No. 1,2,3,4
MR. J.K.SHAH, APP for the Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 2
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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 Applicants / Original Accused under the provisions of Section 482 of the Code of Criminal Procedure, 1973 praying for quashing and setting aside the FIR being I-CR No.

R/CR.MA/3484/2014 JUDGMENT DATED: 28/04/2023

21 of 2014 registered with Garbada Police Station, Dahod for the offence punishable under Sections 366, 506 and 114 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 the father of the victim namely Bhajubhai Maganbhai Bhuriya inter alia contending that on 12.2.2014 the daughter of the first informant namely Sitaben was working in the field. At that time the accused persons came armed with weapons and abducted his daughter Sitaben. Learned Advocate Mr. Prajapati submitted that the Investigating Agency had recorded the statement of the victim namely Sitaben on 30.6.2014. In the said statement she has stated that she had voluntarily gone with the Applicant. In view of the said statement made by the victim herself none of the offence alleged in the FIR are made out against the Applicants. 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 Sitaben Bhajubhai Bhuriya had affirmed an Affidavit on 1.3.2014 before the Notary. In the said Affidavit, it has been stated that she had not been induced by anybody nor she was threatened or pressurized by anybody nor was she abducted by anybody. She, on her own volition, had gone with the accused Dineshbhai Veerabhai Minama as she wanted to get married to him and spent her rest of the life with him. The copy of the said Affidavit is on record vide Annexure-B. In addition to this Affidavit, as recorded by this Court in its order dated 25.3.2014, her statement was also

R/CR.MA/3484/2014 JUDGMENT DATED: 28/04/2023

recorded, wherein also, she had narrated the aforesaid facts.

6. Considering these aspects, when the victim herself has stated that she had gone on her own volition with the Accused Dineshbhai Veerabhai Minama, the ingredients for the offence punishable under Section 366 of IPC are not made out against the Applicants. Further, in view of the aforesaid statements made by the victim herself, there is no point to be continuing with the proceedings arising out of the FIR in question.

7. Having regard to these facts, the present Application deserves to be allowed and is hereby allowed. The FIR being I-CR No. 21 of 2014 registered with Garbada Police Station, Dahod and all other proceedings arising out of the said FIR are hereby quashed and set aside. Rule is made absolute.

(M. R. MENGDEY,J) J.N.W / 19