AJIT ASHOKBHAI PATANVADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Y.J. Patel for the applicant and learned APP Ms. M. D. Mehta for the respondent No.1-State. Though served, none appears for the respondent No.2- original complainant.

(2.) By way this application the applicant prays for quashing of the FIR being C.R.No.11199003200262 of 2020 registered with Aamod Police Station, District Bharuch for the offence punishable under Ss. 363 and 366 of the Indian Penal Code and Sec. 12 of the Protection of Children from Sexual Offences Act, as well as all other consequential proceedings arising out of the aforesaid FIR.

(3.) Learned Advocate Mr. Y.J. Patel for the applicant would submit that the impugned FIR had been lodged by the respondent No.2 in connection with daughter of the respondent No.2 eloping with the present applicant. Learned Advocate would submit that the applicant and daughter of the respondent No.2 who was aged about 17 years 10 months and 26 days at the relevant point of time were having a love affair and whereas upon the daughter of the complainant attaining majority, the applicant and the daughter of the complainant had got married and whereas the marriage had been registered with the Dabhoi Nagarpalika on 27/7/2020. Learned Advocate would submit that the daughter of the complainant and the applicant are living togther as husband and wife and whereas the daughter of the complainant has also filed an affidavit to such effect. Learned Advocate Mr. Patel would submit that, under such circumstances, more particularly in view of the subsequent developments, this Court may quash the impugned FIR. Learned Advocate Mr. Patel would further submit that the applicant and the daughter of the complainant along with their minor child is present in the Court and whereas he has identified the daughter of the complainant.