(1.) Rule. Ms. Monali Bhatt, learned Additional Public Prosecutor and Mr. K.S.Chandrani, learned advocate, waive service of notice of rule on behalf of respondents Nos.1 & 2 respectively.
(2.) This application has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the complaint being C.R.No. I-1/2019 dated 11.1.2019 registered with Jamkandorna Police Station, Dist.: Rajkot (Rural) for offfences punishable under sections 376(2)(k), 376(2)(n), 376B, 450, 323, 504, 506(2) and 114 of IPC and the proceedings initiated pursuant thereto.
(3.) Mr. Premal Rachh, learned advocate for the applicant, submitted that the impugned FIR is a counterblast. He submitted that the accused No.1 of the impugned FIR was in romantic relationship with the complainant and they had eloped on 30.5.2018. After that they got married and got their marriage registered with the Registrar of Marriages, Patanvav, Tal. Dhoraji, Rajkot on 31.5.2018. The accused No.1 and the complainant independently and jointly has also executed affidavit to the effect that the marriage was on their own volition and at free will without any force or coercion. Mr. Rachh submitted that as they apprehended criminal action from the side of the complainant's family, they made representation to the PSI Jamkandorna Police Station. Thereafter, the Mother of the accused No.1 was attacked by the parents and relatives of the complainant- respondent No.2 and an FIR came to be lodged on 4.6.2018. Thus, Mr. Rachh submitted that after a period of 6 months i.e. on 11.1.2019, due to matrimonial dispute, a false FIR under Sections 376(2) (k), 376(2)(n), 376B, 450, 323, 504, 506(2) and 114 of IPC came to be filed. Mr. Rachh submitted that owing to the order dated 22.1.2019, no charge-sheet was filed against the present petitioners while accused No.1 was chargesheeted and Sessions Case No. 16/2019 was instituted in the Court of Additional Sessions Judge at Dhoraji, District: Rajkot. Mr. Rachch submitted that the evidence was recorded and after the appreciation of evidence, the accused No.1 was acquitted from all the charges on 21.9.2020. Mr. Rachh states that since no case was found against the accused No.1, there can be no ground for further proceedings against the present petitioners, the only allegation against the present petitioners is of threatening the complainant, six months prior to the FIR stating that if she returns to her parental home, she would be killed. Mr. Rachh submitted that no allegations could be proved during the trial in Sessions Case No.16 of 2019. Further, even if prima-facie those allegations are to be considered then in view of the judgment in Sessions Case, this allegations would not stand and therefore, has prayed that the impugned complaint may be quashed and set aside.