NILESH SAGAR MAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application has been preferred by the applicant under Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the impugned First Information Report (hereinafter referred to as 'F.I.R') being C.R.No.I-5 of 2011 registered with Sukhsar Police Station, Dist: Dahod, for the alleged offences under Sections 363, 366 and 114 of the Indian Penal Code.

(2.) IT transpires from the record that respondent no.2 is the first informant of the impugned F.I.R. It is alleged in the F.I.R that on 07.12.2010 at 23:00 hours, the present applicant knocked the door of the first informant and abducted minor daughter of first informant viz. Yogitaben and took away forcefully on the motorcycle. That the date of birth of Yogitaben- daughter of first informant as per School Leaving Certificate is 07.04.1994, and therefore, prima-facie it appears that the date, on which the alleged offence has taken place, the age of Yogitaben was less than 18 years i.e she was minor. It further averred in the application that now the applicant and Yogitaben- daughter of first informant are married and stay together as husband and wife and are parents of one male child. It further averred in the application that, in fact, the allegations are totally baseless and without any substance. It is further averred in the application that Yogitaben-daughter of first informant married with the applicant at her own wish and now they are leading happy married life, as aforesaid.

(3.) IN order to verify the truthfulness of the contention raised by the applicant, this Court thought it fit to call the applicant as well as Yogitaben- daughter of first informant personally before this Court today and are identified by Mr.Kharadi, learned counsel for the applicant. This Court has inquired personally from Yogitaben-daughter of first informant and she has stated that she is wedded wife of the applicant and has reiterated what has been stated in the affidavit at Annexure:D to this application. This Court has verified the fact that the applicant and Yogitaben-daughter of first informant are now parents of one male child. It is true that when the alleged incident took place as per the F.I.R, Yogitaben- daughter of first informant was minor, however, in the factual position as narrated hereinabove, Yogitaben- daughter of first informant has attained majority on 07.04.2012 and the applicant and Yogitaben are now residing together as husband and wife. It has been declared by Yogitaben before this Court and even in her affidavit that she has left her parental home on her own, with a view to marry with the applicant and has declared that she is now married with the applicant and is happily residing with him ever since the date of their marriage.