BAHRATBHAI DALABHAI BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Today, though learned advocate Mr.M.A.Kharadi has filed leave note, upon the insistence from learned advocate Mr.A.A.Ghasura, who appears in this matter on behalf of Mr.Kharadi, the matter was taken up for hearing.

(2.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicant has prayed for quashing and setting aside the FIR No.11207077200060 registered with Damavav Police Station on 3/3/2020 under Ss. 363 , 366 , 376(2)(n) of the Indian Penal Code and under Ss. 4 and 6 of the Protection of Child from Sexual Offences Act. As per the aforesaid FIR for which the present application is preferred, the complainant's elder daughter i.e. Lalitaben, having date of birth of 17/2/2003 and aged 17 years and 15 days, left home on 14/7/2019 and did not return. Upon inquiry, ultimately it was found that the applicant has abducted her with an intention to marry her. Hence, FIR was registered stating that on the date of the incident, the age of the daughter of the complainant was 16 years 4 months 27 days.

(3.) After registration of the FIR since the daughter of the complainant was not found, Habeas Corpus petition being Special Criminal Application No.136 of 2020 was filed and the Division Bench of this Court vide order dtd. 21/1/2020 disposed of the said petition. Paras 2, 3, 4 and 5 of order dtd. 21/1/2020 reads as under: