DEVENDRAKUVERBA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application filed by the applicant praying to quash the FIR bearing I-C.R.No.69/2014 registered with Ghmbhoi Police Station, District: Sabarkantha for the offence punishable under Ss. 365, 323, 504, 506(2), 114 of the Indian Penal Code and and Sec. 135 of the Gujarat Police Act.

(2.) It is the case of the prosecution that complainant, namely, Kinjalkumar Patel, lodged an impugned FIR against one Devendrakuvarba wife of Sajjansinh Chauhan and two other unknown male person and one female person alleging that before 3 months of lodging of FIR, complainant got married with one Hiralben daughter of Sajjansinh Chauhan against the will and wish of the relative of the Hiralben. On the day of the incident that is on 9/8/2014, when the complainant was present in the house along with her sister, Shaliniben and wife Hiralben around 4.30 p.m., mother of the wife, namely, Devendrakuvarba Sajjansinh Chauhan, and other unknown persons mentioned in the FIR, came in Maruti Car being No.GJ-09-M-654 and rushed to the house and conveyed to the complainant that we have come to pick the Hiralben to take her at Gota, which was denied by the Hiralben However, Hiralben was dragged up to the car and on being intervened by the complainant and his sister, one unknown person had assaulted the complainant by giving kick and fist blow and showing the big knife, which was possessed by that unknown person as well as the sword, which was possessed by the another person having the height around 6 feet and holding the hair of the sister had taken the wife forcefully in the car and by abusing to the complainant and the sister, they had kidnapped the wife, namely, Hiralben for which, the impugned FIR came to be filed.

(3.) Heard the learned advocate, Mr.Ashish Dagli, for the applicant and Ms.Vrunda Shah, learned APP for the State and the cause list shows that though notice is served to the complainant, he chosen not to appear.