PRATIK MUKESHBHAI DATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. S.K. Bagga, learned advocate for the applicant and Ms. Maithili Mehta, learned APP for the respondent No.1-State. The respondent No.2-original complainant though served, has not appeared.

(2.) By way of present petition the petitioner herein seeking the quashing of the FIR being C.R. No. I - 23 of 2015 registered at Ellisbridge Police Station, Ahmedabad City, for the offences punishable under Ss. 363 and 366 of Indian Penal Code and under Ss. 4 and 8 of the POCSO Act against the present applicant.

(3.) Briefly stated, the complainant - Umadji Chaturji Thakur is the father of the applicant's wife i.e. Payalben. It is the case of the prosecution that the complainant is working with one Prakashbhai Rawal for works related to GTPL and has two children. Out of two children, Rahul is elder one and is aged 18 years and the daughter namely Payal is 16 years of age. That on 12/1/2015 the daughter of the complainant i.e Payal flees from the house without informing to anyone, and even after half an hour search, they were unable to trace her. That out of fear that they would lose respect in the society the complainant did not inform to anyone and therefore they started searching of her daughter on their own, and on inquiry, the complainant came to know that his daughter Payal had left the house with a boy named Pratik Mukeshbhai Datt. On the aforesaid facts the impugned complaint came to be filed by the respondent No.2.