AMIT RAJUBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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), the applicants have prayed for setting aside the impugned FIR registered with Saher Kotada Police Station, Ahmedabad City, being I C.R.316 of 2012 for the offences punishable under sections 363, 366 and 114 of Indian Penal Code (hereinafter referred to as 'IPC' for the sake of brevity).

(2.) IT appears from the bare reading of the FIR that the informant ­ opponent no.2 is the mother of minor girl named 'Nita'. It is alleged that applicant no.2 informed the brother-in-law of the first informant Mr. Rameshbhai Chauhan before about 20 days from the date of the incident that the first informant's daughter 'Nita' and son of applicant no.2 i.e. applicant no.1 ­ Amit, have developed relations. It is also further alleged that applicant no.2 told Mr. Rameshbhai Chauhan to get their marriage solemnised otherwise his son (applicant no.1) would kidnap her. It is alleged that as girl 'Nita' was minor they did not talk about the marriage. It is specifically alleged that on 10.9.2012 at about 16 hrs. while the husband of first informant had gone out for work, the daughter of first informant went out of the house and did not return till late evening. It is alleged that efforts were made to find her out and from that date the applicant no.1 ­ Amit was not seen and even applicant no.2 Rajubhai Makwana locked the house and went away. It is further alleged that applicant no.1 induced the girl of first informant and applicant no.2 being father of applicant no.1 locked the house and helped applicant no.1.

(3.) THE applicants have preferred this application under section482 of the Code for quashing and setting aside the impugned FIR. This Court (Coram : Mr.Justice Rajesh Shukla) was pleased to issue notice and made it returnable on 5.11.2012 and also granted Ad-interim relief in terms of para 6(C) vide order dated 8.10.2012.