NIRAV JAGDISHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this application under Section 482 of the Code of Criminal Procedure, 1973('the Code' for short), the applicant has prayed for quashing and setting aside the FIR bearing C.R.NO.I-7 of 2013 registered with Dabhoda Police Station, Dist: Gandhinagar, by respondent No.2 for the alleged offence under Sections 363 and 366 of the Indian Penal Code.

(2.) THE facts of the case are as under. 2.1. Respondent No.2-first informant lodged the impugned FIR with Dabhoda Police Station, Dist: Gandhinagar, against the present applicant alleging that on 22.01.2013, while first informant was at his shop, his wife came at 6'o clock and informed that the girl of first informant viz. Dhara has left the residence at about 5'o clock informing that she is to go to the house of her uncle, but she did not return back. It is further alleged that on inquiry at the house of uncle i.e. elder brother of first informant, it came to light that she has not come there and therefore, further inquiry was made at other places in the village, but the daughter of first informant was not found. It is further alleged that even till late night, daughter of first informant did not return back, hence, the first informant went to Dabhoda Police Station along with other family members and lodged a note about missing of daughter of the first informant.

(3.) MR .Hardik Dave, learned counsel for the applicant has submitted that the date of birth of daughter of the first informant is 25.02.1995. Mr.Dave, relying upon the Certificate of Marriage dated 28.02.2013 submitted that the applicant and daughter of first informant have married at Ahmedabad as per Hindu rites.