Shilpaben W/O Shaileshkumar ... vs State Of Gujarat
2023 Latest Caselaw 5735 Guj

                                                                               NEUTRAL CITATION




     R/CR.MA/10441/2018                           ORDER DATED: 07/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 10441 of 2018

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     SHILPABEN W/O SHAILESHKUMAR MAKWANA (THAKOR) AND D/O
              BALDEVJI PRAHLADJI THAKOR & 1 other(s)
                             Versus
                   STATE OF GUJARAT & 2 other(s)
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Appearance:
ADVOCATE NOTICE SERVED for the Applicant(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                            Date : 07/08/2023

                              ORAL ORDER

1. By way of present application, the applicants - original

accused have prayed for the following reliefs:-

15(A) be pleased to admit and allow this application;

(B) be pleased to quash and set aside the FIR registered with Ranip Police Station, Ahmedabad being C.R. No.I- 29/2016; under the provisions of sections-363, 366 & 380 of IPC and sec.3 & 4 of POSCO Act; (Annexure - A) and be further pleased to quash all further proceedings of the said FIR;

(C) pending hearing and final disposal of this application, be pleased to stay the further proceedings/ investigation,

NEUTRAL CITATION

R/CR.MA/10441/2018 ORDER DATED: 07/08/2023

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with respect to the offence registered with Ranip Police Station, Ahmedabad being C.R. No.I-29/2016;

(D) any other and further relief/s, may kindly be granted, in the interest of justice;

2. Though notice is served to the no-one is appeared on

behalf of applicants nor respondent. It transpires from the

record that the marriage has taken place between the

applicant no.1 i.e. victim girl and applicant no.2 and a copy of

registration of marriage, which is taken place on 23.05.2018,

is also on record. It further transpires from the record that out

of this wedlock, one daughter is born viz.Lisa on 15.09.2017.

Though the FIR is registered under Sections-363, 366 & 380

of IPC and Sec.3 & 4 of POSCO Act, but now, both the

applicants are happily living their life, no fruitful purpose

would be served to continue with the proceedings of

impugned FIR.

3. In view of the judgment of Hon'ble Apex Court in the

case of Gian Singh Vs. State of Punjab & Another, reported in

(2012) 10 SCC 303, this is a fit case where the Court should

exercise its inherent power under section-482 of Cr.P.C.

NEUTRAL CITATION

R/CR.MA/10441/2018 ORDER DATED: 07/08/2023

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4. In the result, this application is allowed. The F.I.R. being

C.R.No.I-29 of 2016 filed before the Ranip Police Station,

Ahmedabad, is hereby ordered to be quashed. All

consequential proceedings pursuant thereto shall stand

terminated.

(SANDEEP N. BHATT,J) A. B. VAGHELA