(1.) Heard learned Advocate Mr. Hemant B. Raval on behalf of the petitioner and learned APP Ms. M. D. Mehta on behalf of the respondent- State. Though served none appears on behalf of the respondent no. 2.- original complainant.
(2.) By way of this petition, the petitioner prays for quashing of the FIR being C. R. No. I-55 of 2019 registered with the Nikol Police Station, Dist. Ahmedabad on 23/3/2019 for offences under Ss. - 363, 366 and 376(2)N of the Indian Penal Code and under Ss. 3(A), 4, 5(L), 11(6), and 12 of the POCSO Act.
(3.) Learned Advocate Mr. Raval would submit that while the impugned FIR had been filed on 23/3/2019, more particularly, alleging that the present applicant, had eloped with the daughter of the complainant. It appears that subsequent to filing of the FIR, the applicant and daughter of the complainant have got married and whereas learned Advocate Mr. Raval would submit that as of now, one child has been born from the said wedlock and whereas birth certificate of the child by the Registrar of birth and death at Jalore, Rajsthan is also submitted to this Court. Learned Advocate Mr. Raval would submit that having regard to the fact that the parties i.e. the applicant and prosecutrix have got married and are living together, since the respondent no. 2 in spite of copy of rule having been served to him, not appearing, this Court may quash the impguned FIR. Learned Advocate Mr. Raval would submit that applicant and daughter of the complainant i.e. the prosecutrix are present in the Court and whereas the facts may be verified from the prosecutrix. At the request of this Court, learned APP Ms. M. D. Mehta has verified the aspects as mentioned by learned Advocate for the prosecutrix and whereas learned APP Ms. Mehta would confirm the submissions made by learned Advocate Mr. Raval.