Bhargav Rameshbhai Bhutaiya vs State Of Gujarat
2023 Latest Caselaw 4871 Guj

     R/CR.MA/12126/2014                              JUDGMENT DATED: 23/06/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL MISC.APPLICATION NO. 12126 of 2014


FOR APPROVAL AND SIGNATURE:


HONOURABLE MRS. JUSTICE M. K. THAKKER

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1      Whether Reporters of Local Papers may be allowed
       to see the judgment ?

2      To be referred to the Reporter or not ?

3      Whether their Lordships wish to see the fair copy
       of the judgment ?

4      Whether this case involves a substantial question
       of law as to the interpretation of the Constitution
       of India or any order made thereunder ?

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                          BHARGAV RAMESHBHAI BHUTAIYA
                                     Versus
                           STATE OF GUJARAT & 1 other(s)
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Appearance:
MR S M SOJATWALA(3499) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
MS MAITHALI MEHTA APP for the Respondent(s) No. 1
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    CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                 Date : 23/06/2023

                                 ORAL JUDGMENT

1. This Court passed an order on 16.06.2023 as under:

"1. Today, when the matter was called out, it is

reported that learned advocate Mr. S.M. Sojatwala

R/CR.MA/12126/2014 JUDGMENT DATED: 23/06/2023

has filed sick note today. However, the complainant

namely Dineshbhai Jinabhai Gohel - respondent No.

2, is present before this Court, and is identified by

the Investigating Officer. The complainant has

submitted an affidavit with regard to settlement

which was arrived at between the parties, which is

ordered to be taken on record. That as reported by

complainant - respondent No. 2 that matter is

settled between the parties.

2. As it is reported that there is a sick note filed by

the learned advocate for the applicant Mr.

Sojatwala, the matter is adjourned to 23.06.2023".

2. Today, when the matter was called out, Mr.Sojatwala,

learned advocate is not present. This Court inquired from the

Court Master with regard to sick note and/or leave note filed by

the learned advocate. It was reported that there was no any sick

note or leave note filed by him. In view of the above, this Court

deems it fit to consider the matter ion merits.

R/CR.MA/12126/2014 JUDGMENT DATED: 23/06/2023

3. This is an application filed by the accused who is facing the

charge under Sections 363 and 366 of the Indian Penal Code in

connection with FIR registered with 'D' Division Police Station,

Bhavnagar being I-C.R.No.67 of 2013 dated 13.5.2013. It is

alleged in the FIR that daughter of complainant - Respondent

No.2 aged 17.5 years was entice by present applicant in order to

commit rape, left the house and not found out despite various

efforts.

4. Petitioner contended in the petition that there was a

marriage solemnized between daughter of respondent No.2 and

the applicant on 17.6.2014 and certificate of marriage was

issued by Shri Ganesh Trust Association. It is averred in the

application that daughter of Respondent No.2 after attaining the

age of the majority, living peacefully and happily with the

present applicant. Petitioner prayed to quash and setting aside

the FIR by exercising inherent power provided under Section 482

of Code of Criminal Procedure on the ground that applicant and

daughter of respondent No.2 married with each other and

staying happily.

R/CR.MA/12126/2014 JUDGMENT DATED: 23/06/2023

5. On the other hand, learned APP Ms. Maithili Mehta

had submitted that though the investigation was

permitted to continue but accused was not available and

therefore, at the end, the Investigating Officer had

submitted 'A' Summary report before the competent

Court. Learned APP Ms. Mehta further pointed out that

on the day of FIR, the prosecutrix was minor, therefore,

prima facie the offence alleged is made out.

6. Considering the submissions made by the parties as

well as the order which was passed by this Court on

09.06.2023, wherein it is observed that though Rule was

issued on 27.08.2014 and interim relief was granted. That

the complainant who was present before this Court on

16.6.2023 and tendered an affidavit, duly signed by the

parties, wherein it is mentioned that after the marriage

was solemnized, the divorce was taken place and

settlement was arrived at between the parties. That all

criminal proceedings would be dropped in view of

R/CR.MA/12126/2014 JUDGMENT DATED: 23/06/2023

settlement, which was reduce in writing.

7. This Court has also perused the marriage certificate

which is produced at page No. 25, wherein it transpires

that after attaining age of majority, the daughter of the

complainant as well as the present applicant was married

on 17.6.2014. Thereafter due to disputes between the

husband and wife, the divorce has been taken place.

However, as the understanding was arrived between the

parties that the complainant would not have any objection

if this proceedings would be quashed.

8. That in view of the above facts and circumstances,

this Court deem it fit to exercise the jurisdiction under

section 482 of Cr.P.C. for quashing of the impugned FIR.

9. Hence, the application filed by applicant for

quashing of the FIR No. I-67 of 2013 registered with 'D'

Division Police Station, District Bhavnagar under section

363 and 366 of Indian Penal Code dated 13.05.2013 is

quashed and further proceedings in connection with the

R/CR.MA/12126/2014 JUDGMENT DATED: 23/06/2023

said FIR is also quashed and set aside.

10. In view of above, present Application stands

disposed of. Rule is made absolute.

(M. K. THAKKER,J) ASHISH M. GADHIYA