ALPESHBHAI BACHUBHAI BHABHOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicant is seeking to invoke the inherent powers of this Court praying for quashing of FIR being I-C.R.No.45 of 2016 registered with Limdi Police Station, Dahod for the offences punishable under Ss. 363 and 366 of the Indian Penal Code and Sec. 4 of the Protection of Children from Sexual Offences (POCSO) Act and other consequential proceedings therefrom.

(2.) Heard learned advocate for the applicant as well as learned APP for the respondent - State. Though served, none appears on behalf of the respondent no.2.

(3.) The facts giving rise to file this application are that the father of the victim lodged an FIR against the applicant inter alia alleging that his daughter was abducted by applicant - accused. During the course of investigation, the statement of the victim was recorded, wherein she has categorically stated that she has left the house with her own volition without being any force or coercion on the part of the applicant. Considering the age of applicant, the I.O. has filed the chargesheet against the applicant for the alleged offence, as referred above.