LAWS(GJH)-2023-5-568

MENABEN Vs. STATE OF GUJARAT

Decided On May 04, 2023
Menaben Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicants are seeking to invoke the inherent powers of this Court praying for quashing of FIR being I-C.R.No.32 of 2015 registered with Bhesan Police Station the offences punishable under Ss. 366 and 114 of the Indian Penal Code and other consequential proceedings thereto.

(2.) Heard learned advocate for the applicants 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 applicant no.2 inter alia alleging that his daughter was abducted by applicant no.2 - 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 no.2. Considering the age of applicant no.2, the I.O. has filed the chargesheet against the applicants for the alleged offence, as referred above.