RAJESHKUMAR RAMANLAL RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Shri V.A. Mansuri for Mr. Suresh M. Trivedi for the petitioners and learned APP for the respondent State.

(2.) The petitioners who have been named as accused in the complaint being C.R.I-16/2005 dated 02.05.2005, registered with Atarsumba Police Station, Kheda District for the offences punishable under Sections 366, 506(1) read with Section 114 of I.P.C., have approached this Court under Section 482 of Criminal Procedure Code for seeking quashment thereof on the ground that the complaint is nothing but patent abuse of process of law, as no offence alleged to have been committed. The daughter of the complainant of her own volition has married with the present petitioner no.1 and in order to cause harassment, the present complaint is filed roping in the husband as well as the father-in-law of the daughter of the complainant.

(3.) This Court (Coram: Jayant Patel, J.) on 27.06.2005, issued Rule making it returnable on 24.08.2005 and by way of ad-interim order, the proceedings of complaint vide C.R.I-16/2005 of Atarsumba Police Station remaind stayed. Though served none has appeared for respondent no.2-the complainant. Learned APP has placed on record the report and instructions received in his office from the Police Sub-Inspector, Atarsumba Police Station which is dated 19.10.2005. In the said report, it is indicated very clearly that the daughter of the complainant and the petitioner no.1 are married and residing together. The allegation of offence punishable under Section 366 is vehemently denied. The petitioners have produced on record the Marriage Registration Certificate, the affidavit of the daughter of the complainant and as no one has come forward on the side of the complainant to resist this petition and no one has bothered to seek vacation of the stay granted earlier and as the stay is continuing without any further order since 2005, this Court is of the view that the say of the petitioners that the complaint is filed only with a view to see to it that the petitioners are harassed, cannot be brushed aside. The provision of Section 482 makes it clear that the Court in its exercise of the power conferred under the said Section has to quash the complaint, in case, if it is demonstrated with the Court that the filing of the complaint was not bona fide or continuing the complaint and permitting it to be taken to its logical end, would result into greater injustice to the parties, then in that case the interest of justice shall prevail and the complaint in question needs to be quashed.