RITESH R GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioners are original accused. They seek quashing of complaint dated 24.4.07 filed before Karolibaug Police Station, Vadodara being C.R.No.145/07. The complainant, father of one Anjuben has made allegations of commission of offence under section 363 and 366 read with section 114 of the Indian Penal Code against the petitioners.

(2.) As per the complainant his daughter aged 17 years was kidnapped. It is, however, the case of the petitioners that the girl was in love with petitioner No.1. The two had previously also tried to get married. However, since the girl was under-aged, divorce deed was obtained. Eventually, daughter of the complainant left her father's house permanently in April 2007. Petitioner No.1 and daughter of the complainant got married on 27th October 2007. A copy of the marriage certificate is produced on record. Birth certificate of the girl is also produced on record which shows her date of birth as 16th October, 1989. Her two affidavits stating, inter alia, that she has voluntarily left her father's house and that she in fact faces threat from her family are produced at Annexure D to the petition.

(3.) Though served no one appears for the complainant.