Chetan Suvalal Kumawat vs State Of Gujarat
2023 Latest Caselaw 5195 Guj

     R/CR.MA/21274/2018                                     ORDER DATED: 05/07/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 21274 of 2018

==========================================================
                           CHETAN SUVALAL KUMAWAT
                                    Versus
                          STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
D H KANTHARIYA(7505) for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
MR. DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                Date : 05/07/2023

                                  ORAL ORDER

1. When the matter is called out, learned advocate Mr.

Mahadweep Apurva appeared for the girl today as well

as daughter of the complainant - Pujaben Kumavat and

present applicant - Chetan Suvalal Kumawat are also

present today before this Court. She has filed affidavit

dated 30.6.2023 and has submitted before this Court that

she has left the house willingly and with a view to

marry with the accused - applicant herein. She has

further submitted that now they are happily living

together. This Court has asked about the veracity of

averments made in the said affidavit and she has stated

that that is correct. Affidavit dated 30.6.2023 is taken on

R/CR.MA/21274/2018 ORDER DATED: 05/07/2023

record.

2. In view of above, though the complainant - father

is not present today before this Court, but considering

the totality of the facts and circumstances of the present

case, when the alleged victim - girl herself has

submitted that she has left the home at her own will

and therefore, prima facie, no ingredients under Sections

363 & 366 of the Indian Penal code are satisfied.

3. Considering the subsequent development, no fruitful

purpose will be served in continuing this petition in view

of the judgment of the Hon'ble Apex Court in the cases

of (i) Gian Singh versus State of Punjab & Anr., reported in (20120) 10 SCC 303, (ii) State of Haryana V/

s Bhajan Lal reported in AIR 1992 SC 604, the present

application is disposed of.

4. Accordingly, the present application is disposed of.

Direct service is permitted.

(SANDEEP N. BHATT,J) DIWAKAR SHUKLA