KRUNAL AMICHANDBHAI SALVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE applicants by way of this application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for the sake of brevity) have prayed for quashing the FIR registered with Gadh Police Station, District Banaskantha being I-CR.No. 50 of 2012 for the alleged offences under sections 366, 380 and 114 of the Indian Penal Code. The first informant is the father of girl named 'Sweetyben' being applicant no.7 herein. The bare allegation in the impugned FIR reveals that on 30.4.2012 when the first informant and his wife were at their field, the son of the first informant, Maulik had gone to village Gadh and it is further averred that when the first informant came back to his residence with his wife, he found that the cupboard was opened and the cash which was lying in the cupboard as well as gold ornament being a chain, weighing about two tolas were missing. It is further averred in the FIR that the efforts were made by the first informant to inquire about applicant no.7 but the first informant could not contact applicant no.7 even on phone. It is further averred that first informant and his brother-in-law met applicant no.2 who happens to be the father of applicant no.1 and the first informant was informed that applicant no.7 is taken away by applicant no.1 ­ Krunal, son of applicant no.2. It is averred that applicant no.2 informed the first informant that within two days applicant no.2 would find out the whereabouts of the daughter of the first informant and send her back. However, even after two days applicant no.7 did not return back and the first informant was informed by Mr. Kanjibhai Vora that applicants were seen by said Mr. Kanjibhai Vora and Mr. Kanjibhai Vora informed the first informant that the applicants were going out for some marriage. It is alleged by the first informant that the applicants have forcibly abducted the daughter of the first informant 'Sweetyben' and have also induced her to take away cash as well as gold ornament and on basis of this factual background, it is alleged that the alleged offences are committed. This Court (Coram : Hon'ble Mr. Justice Anant S. Dave) vide order dated 10.5.2012 was pleased to pass the following order :

(2.) MR . Champavat for Mr.R.J.Goswami,learned Advocate for the applicants submits that the first informant filed a writ petition of habeas corpus being Special Criminal Application No. 1755 of 2012 and the said petition came to be disposed of by this Court vide order dated 9.7.2012.

(3.) IT may be noted that even though notice of Rule is served upon the first informant he has not appeared. Ms. Moxa Thakkar, learned APP states that even the intimation as regards pendency of this petition was sent to the first informant by investigating agency. It may further be noted that even the record shows that respondent no. 2 has been served, however, he has not remained present.