MUKESH RAVAJIBHAI GOTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition under Article 226 of the Constitution of India read with with Section 482 of the Code of Criminal Procedure has been preferred by the petitioner-original accused, who is now the husband of the daughter of the original complainant, to quash and set aside the impugned Complaint/FIR, being CR No. I 93/2011 registered with Kapodara Police Station, Surat for the offences punishable under Sections 363 and 366 of the Indian Penal Code.

(2.) RESPONDENT no. 2-original complainant-mother of Madhu @ Madhuri has lodged the FIR with Kapodara Police Station, Surat against the petitioner for the offences punishable under Sections 363 and 366 of the Indian Penal Code alleging interalia that the petitioner has kidnapped and/or abducted her daughter Madhu @ Madhuri aged 17 years 4 months and 15 days and thereby has committed the offence under Sections 363 and 366 of the Indian Penal Code. Being aggrieved and dissatisfied with the same, the petitioner, who is now the husband of the daughter of the original complainant, has preferred the present Special Criminal Application under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure to quash and set aside the impugned FIR.

(3.) SHRI L.B. Dabhi, learned APP has requested to pass an appropriate order considering the statement of the girl Madhu @ Madhuri. He has produced on record the statement of the girl Madhu @ Madhuri recorded by the Investigating Officer dated 02/06/2011, which is directed to be taken on record.