ASHISH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Application has been preferred by the Applicant / Original Accused under the provisions of Sec. 482 of the Code of Criminal Procedure, 1973 praying for quashing of the FIR being I-CR No. 43 of 2012 registered with Gondal City Police Station, Rajkot (Rural) for the offence punishable under Ss. 363 and 366 of the Indian Penal Code.

(2.) Heard learned Advocate Mr. Pratik B. Barot for the Applicant. Learned Advocate Mr. Barot submitted that the FIR in question has been lodged by one Rekhaben, wife of Dineshbhai Haribhai Chavda, who happens to be the mother of the victim namely Rupal @ Hiral.

(3.) The Application is opposed by learned APP Mr. J.K.Shah for the Respondent - State. Learned APP Mr. Shah has submitted that on the date of the incident, the age of the victim was below 18 years, and therefore, the ingredients for the offence punishable under Ss. 363 and 366 of IPC are clearly made out against the Applicant. He therefore submitted to dismiss the present Application.