MAUNISH DINKAR SHAW Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) By way of this application under Sec. 482 of Cr.P.C., the applicants are seeking quashment of chargesheet filed in connection with the FIR being C.R. No. I-156 of 2015 registered with Anand Town Police Station, Dist: Anand for the offences punishable under Ss. 452 , 363 and 114 of the Indian Penal Code.

(3.) Facts and circumstances giving rise to filing of present application are that, the applicant no.1 is the husband of respondent no.2, whereas applicant no.2 is the driver, allegedly employed by the applicant no.1. The marriage took place on 22/6/2005. Out of wedlock, two sons namely Adi aged about 8 years and Arsh aged about 3 years were born. Matrimonial dispute arose between the parties as the wife insisted the applicant to settle at abroad which the applicant no.1 refused since the entire family of the applicant and his business is well set at State of Madhya Pradesh. In the month of January, 2015, the wife had left the matrimonial home on the petty issue and upon intervention of the elderly persons of the family, dispute was resolved and she again came at the matrimonial home. In the month of April, 2015, she again without informing the applicant-husband voluntarily left the matrimonial home along with her minor son Arsh aged about 3 years and came at Anand, at her parental home. At the time of leaving the matrimonial home, she was pregnant. It is in these background facts, the impugned FIR is being lodged on 22/6/2015, alleging inter-alia, that, the husband-accused and his driver illegally entered into house and took away the minor son namely Arsh aged about 3 years from the lawful custody of her without her consent and thereby committed the offence of kidnapping and house trespass. The applicant and his driver apprehended in the alleged offence and after completion of investigation, chargesheet came to be filed for the offences as referred above.