Gujarat High Court
Hareshsinh Ramansinh Chauhan vs State Of Gujarat on 6 July, 2023
Bench: Sandeep N. Bhatt
R/CR.MA/20348/2019 ORDER DATED: 06/07/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 20348 of 2019
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HARESHSINH RAMANSINH CHAUHAN
Versus
STATE OF GUJARAT
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Appearance:
MR NK MAJMUDAR(430) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 06/07/2023
ORAL ORDER
1. Rule returnable forthwith. Mr. Dhawan Jayswal, learned
APP waives service of notice of rule for and on behalf of
respondent no.1 - State of Gujarat.
2. By way of present application, the applicant - accused
has prayed for the following prayers:-
12(A) Be pleased to admit the petition;
(B) Be pleased to quash and set aside the FIR being C.R.
No.I-53/2018 for the offences punishable under section
363 and 366 of the Indian Penal Code and for the
offences punishable under sections 11(4) and 12 of the
POCSO Act registered before the Gabhoi Police Station,
R/CR.MA/20348/2019 ORDER DATED: 06/07/2023
District - Sabarkantha.
(C) By way of interim order may kindly restrain the Police
Inspector, Gabhoi Police Station, Dist. Sabarkantha from
effecting the arrest of the petitioner in connection with
FIR being C.R. No.I-53/2018 for the offences punishable
under section 363 and 366 of the Indian Penal Code and
for the offences punishable under sections 11(4) and 12
of the POCSO Act registered before the Gabhoi Police
Station District Sabarkantha, pending hearing and final
disposal of this petition;
ALTERNATE
By way of interim order may kindly restrain the
Police Inspector, Gabhoi Police Station, Dist.
Sabarkantha from effecting the arrest of the petitioner in
connection with FIR being C.R. No.I-53/2018 for the
offences punishable under sections 363 and 366 of the
Indian Penal Code and for the offences punishable under
Sections 11(4) and 12 of the POCSO Act registered
before the Gabhoi Police Station, District Sabarkantha,
pending hearing and final disposal of this petition and;
Be pleased to grant interim order by way of
restraining the Police Inspector, Gabhoi Police Station,
Dist. Sabarkantha, to carry out further investigation in
connection with FIR being C.R. No.I-53/2018 for the
offences punishable under sections 363 and 366 of the
Indian Penal Code and for the offences punishable under
R/CR.MA/20348/2019 ORDER DATED: 06/07/2023
Sections 11(4) and 12 of the POCSO Act registered
before the Gabhoi Police Station, District Sabarkantha,
(D) Be pleased to pass such orders as thought fit in the
interest of justice.
3. Heard Shivam Majmudar, learned advocate for the
applicant. He has drawn my attention towards the fact that
the boy and girl are in relationship and they are happily
married on 27.09.2019, which was registered before the Gram
Panchayat Rbod, Taluka Kalol, District Panchmahal. He
further drawn my attention towards the affidavit filed by the
victim viz,Manisha Hareshsinh Chauhan. He has further
submitted that the victim girl has stated that she had left her
parental house at her own free will and volition with a view to
marry with present applicant, as her parent pressurized her to
marry some other person. It further transpires that thereafter
both are residing together and from the wedlock, a son is born
named Hetanshsinh on 18.08.2020. He further submitted that
no fruitful purpose would now be served to proceed with the
matter, otherwise it amounts to abuse of process of law in
view of the judgment of Hon'ble Supreme Court in the case of
State of Haryana V/s Bhajan Lal reported in AIR 1992 SC 604.
R/CR.MA/20348/2019 ORDER DATED: 06/07/2023
4. Learned APP submits that thought prima-facie, the
offence is made out against the applicant, but the Court may
pass appropriate order in the interest of justice.
5. Considering the rival submissions made at the bar and
considering the fact that from the wedlock, a son is born and
they are living happily married life, and therefore, considering
the totality of the facts and circumstances of the case and
considering the submission, which is recorded by the
Investigating Officer during the course of investigation, I
found that no fruitful purpose would now be served to proceed
with the matter. Therefore, in view of the judgment of Hon'ble
Supreme Court in the case of Gian Singh Vs. State of Punjab
& Another, reported in (2012) 10 SCC 303, this is fit case to
exercise power under Section-482 of Cr.P.C. by quashing and
setting aside the impugned FIR.
6. In the result, this application is allowed. The F.I.R. being
C.R. No.I-53 of 2018 filed before the Gabhoi Police Station,
District - Sabarkantha, is hereby ordered to be quashed qua
R/CR.MA/20348/2019 ORDER DATED: 06/07/2023
the applicant herein. All consequential proceedings pursuant
thereto shall stand terminated. The affidavit filed by the
victim viz. Manisha Hareshsinh Chauhan and a copy of birth
certificate of son as well as a copy of Marriage Certificate are
taken on record.
Rule is made absolute to the aforesaid extent. Interim
relief granted earlier stands vacated forthwith. Direct service
is permitted.
(SANDEEP N. BHATT,J)
A. B. VAGHELA
