NAVALSING SENABHAI VAHONIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Mr. Pandya for the applicants, learned APP Mr. Nanavati for opponent No.1 and learned advocate Mr. Samir Dave for opponent No.2.

(2.) THE FIR has been lodged against applicant No.1 by opponent No.2 with Garbada Police Station for an offence punishable under Sections 365, 366, 504 and 114 of the Indian Penal Code.

(3.) CONTRARY to the FIR, if the statement recorded by the police during the course of investigation on 16.02.2005 of opponent No.2 - prosecutrix is seen, it is clear that she had attained the age of majority before the date of the incident. It is also clear that there is no element of kidnapping or abduction made out against applicant No.1. Similarly, the prosecutrix states that she got marriage with applicant No.1 willingly and staying with him as his wife and enjoying conjugal rights. As such, none of the offences indicated in the FIR or as such, no other offence can be said to have been made out against either applicant No.1 or applicant No.2. The certificate of registration of marriage duly issued by Sub Registrar of Marriages, Dahod on 04.01.2005, is also produced.