NIRMALKUMAR MANHARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) WITH the consent of the learned advocate appearing on behalf of the petitioner as well as respondent No.2 ? 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 366 and 114 of Indian Penal Code. It is submitted that as such, the niece of the complainant ? respondent No.2, 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 the niece of the complainant named Monika 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 niece of the complainant ? respondent No.2 herein named Monika.