RAGHUBHAI MEGHABHAI KHAMBHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Special Criminal Application under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure has been preferred by the applicant herein ­ original accused to quash and set aside the impugned FIR being C.R.No.I-213 of 2010 registered with Malaviya Nagar Police Station filed by respondent No.2 herein for the offences punishable under Sections 363 and 366 of the Indian Penal Code.

(2.) IT appears that as daughter of respondent No.2 herein ­ original complainant has left her parental house and has run away with the applicant herein, respondent No.2 herein - original complainant has lodged the impugned FIR against the applicant for the offences punishable under Sections 363 and 366 of the Indian Penal Code. It is reported that daughter of the original complainant has married with the applicant on 06/07/2010 and that marriage is also registered with the office of Registrar of Marriage, Nagar Palika, Jasdan on 17/07/2010.

(3.) TODAY when the present petition is taken up for final hearing, Mr.L.B.Dabhi, learned Additional Public Prosecutor, under the instructions from the Investigating Officer, has stated at the bar that statement of the daughter of the original complainant ­ Madhaviben has been recorded and she has categorically stated that at the relevant time, she had voluntarily gone with the applicant for the purpose of marriage and subsequently they were married and out of the said wedlock, they have minor son of four months. It is stated that in view of the above, Investigating Officer shall submit report before the concerned Magistrate submitting that no case is made out against the applicant for the offences, as alleged. It is submitted that necessary report before the concerned Magistrate shall be submitted within a period of four weeks from today.