BHIKHUBHAI BABAKHAN MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure has been preferred by the petitioners - original accused to quash and set aside the impugned First Information Report being CR No.I-29 of 2011 registered with Santalpur Police Station, District : Patan, for the offences punishable under sections 366, 504, 506(2) and 114 of Indian Penal Code.

(2.) The respondent No.2 - original complainant herein, who happens to be the father of the petitioner No.2 - girl has lodged the impugned First Information Report against the petitioners herein original accused for the offences punishable under sections 366, 504, 506(2) and 114 of Indian Penal Code, alleging inter-alia that his daughter - petitioner No.2 herein, has run away with the petitioner No.1 and subsequently she has married with the petitioner No.1 and she taken cash and ornaments, therefore, it is alleged that the accused persons inclusive of his daughter - petitioner No.2 have committed the offences for the offences punishable under sections 366, 504, 506(2) and 114 of Indian Penal Code. Being aggrieved by and dissatisfied with the impugned First Information Report, accused persons have preferred present petition under section 482 of the Code of Criminal Procedure to quash and set aside the aforesaid impugned First Information Report.

(3.) Mr.Tejas Satta, learned advocate appearing on behalf of the petitioners - original accused has vehemently submitted that as such the petitioners have not committed the offence, as alleged. It is submitted that as such the petitioner Nos.1 and 2 have married and they are residing together happily. It is further submitted that the petitioner No.2 - daughter of the original complainant - respondent No.2 herein has gone / run away with the petitioner No.1 voluntarily as her parents were trying to marry her with other person who is not liked by the petitioner No.2 and therefore, petitioner Nos.1 and 2 had runaway and subsequently they have married. It is submitted that as the marriage of her daughter - petitioner No.2 with the petitioner No.1 is not liked by the respondent No.2 - original complainant, and as the said marriage was against the wish of the respondent No.2 - original complainant, the respondent No.2 has filed the impugned First Information Report. Therefore, it is submitted that the impugned First Information Report is nothing but abuse of process of law and court and therefore, it is requested to quash and set aside the impugned First Information Report.