LAWS(GJH)-2010-2-57

NAITIK RAVINDRAKUMAR BHATT Vs. STATE OF GUJARAT

Decided On February 18, 2010
NAITIK RAVINDRAKUMAR BHATT Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) PETITIONER seeks quashing of complaint at Annexure A dated 8.3.08 filed before Salabatpura Police Station, Surat being C.R.No.156/08. The complainant, father of one Nirali had lodged the said complaint alleging offence punishable under section 363 and 366 against the petitioner. Apparently, girl was below 18 years of age at that time. It is, however, the case of the petitioner that he had an affair with the said girl and she had left her father's house voluntarily. Eventually, the girl turning 18, they have also got married and have settled down. Certificate of marriage is produced on record. Father of the girl is also now not opposed to the said relation. He is represented by learned advocate Mr.Jagirdar who produced an affidavit of the complainant supporting the quashing petition.

(2.) CONSIDERING the above aspects of the matter and considering the nature of allegations and looking to the circumstances under which the girl had left her father's house though minor at that time, in view of the decision of the Apex Court in the case of S.Varadarajan v. State of Madras, AIR 1965 SC 942, the complaint at Annexure A is quashed. Rule is made absolute accordingly.