BHAVESH @ BHAYO RUDABHAI KODIYATAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.Pravin Gondaliya, learned counsel for the petitioners, Ms.Moxa Thakkar, learned Additional Public Prosecutor for the State- respondent No.1 and Mr.Hitesh Padhya, learned counsel for respondent No.2-original complainant.

(2.) BY way of the present application under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed for quashing and setting aside F.I.R being C.R.No.I-42 of 2011 registered at Bagasara Police Station, Dist: Amreli, by respondent No.2 for the alleged offences under Sections 363, 366, 504, 506(2) and 114 of the Indian Penal Code.

(3.) MR .Pravin Gondaliya, learned counsel for the petitioners has taken this Court through the factual matrix arising out of this application and also invited attention to the fact that the Date of Birth of the petitioner No.1 Payalben is 14.11.1994. He further submitted that both the petitioners have solemnized marriage under the Hindu rites on 19.11.2012 and their marriage is also registered before the Registrar of Marriages at Dharampur. He further submitted that the petitioner No.2 is not a minor, and at present, they are living as husband-wife and lead happy married life. He further stated that the said marriage took place against the wish of family members of petition No.2 viz. Payalben, hence, the impugned F.I.R is lodged against the petitioner no.1 and his family members.