ASHISH NATHABHAI VASAIYA Vs. BHARATBHAI KANJIBHAI MAHIDA

JUDGEMENT

(1.) RULE. The respondent No.1 original complainant, who has personally remained present in the court and has appeared as Party-in-person, waives the service of notice of rule and Mr.K.P. Raval, learned Additional Public Prosecutor waives the service of notice of rule on behalf of the respondent No.2 State.

(2.) WITH the consent of the learned advocate appearing on behalf of the petitioner as well as respondent No.1 original complainant Party-in-person as well as learned Additional Public Prosecutor, and in the facts and circumstances of the case, present petition is taken up for final hearing today.

(3.) MR.Patel, learned advocate appearing on behalf of the petitioner has vehemently submitted that as such the petitioner has not committed any offence, as alleged, more particularly offences punishable under sections 363 and 366 of Indian Penal Code. It is submitted that as such, the daughter of the complainant respondent No.1, was in love with the petitioner and therefore, she had gone with the petitioner voluntarily, as she wanted to marry with the petitioner and as it was pointed out by her that her marriage would be solemnized with other person against her wish and will. It is further submitted that as such on completion of 18 years, the daughter of the complainant named Anjana has married with the petitioner herein and both are residing together happily. MR.Patel, learned advocate appearing on behalf of the petitioner has relied upon the Affidavit of the daughter of the complainant respondent No.1 herein named Anjana.