RAVI KANTILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, waived by respective respondents. The present petition is filed for seeking following reliefs:

(2.) Brief facts of the case as per the case of the applicant in this application are as such that the daughter of the respondent No.2 herein namely Payalben who was 16 years and 8 months having love affair with the present applicant as both of them belongs to the same village and same caste but since, the said relationship was disliked by the parents of the girl and more particularly, both of them were residing in the same vicinity at Surat so, they had decided to elope with each other. It is further the case of the applicant in this application that with regard to the said relationship, the daughter of the respondent No.2 herein on 2/8/2019 in the noon hours had eloped with the present applicant and both of them were having apprehension that, the parents of the girl may harm both of them so, both of them i.e. the present applicant and the daughter of the respondent No.2 had gone to the Rajasthan where, they were residing at the place of friend of the father of the present applicant. It is further the case of the applicant in this application that as the daughter of the respondent No.2 had eloped with the present applicant so with regard to that incident, the respondent No.2 herein has lodged the FIR bearing C.R. No. 1-189 of 2019 registered with Udhna Police Station, District Surat on 4/8/2019 for the offence punishable under Sec. 363 and 366 of the Indian Penal Code, 1860 against the present applicant. It is further the case of the applicant in this application that on 2/8/2019, when the complainant and her daughter namely Payal were at home and in the noon hours, when the complainant had gone to the bathroom at that point of time, the daughter of the complainant had been kidnapped by the applicant. The complainant had enquired about her daughter at the place of the applicant as she was having suspicion on the present applicant and the present applicant was also not available at his place. It is further the case of the applicant in this application that after eloping with each other, the present applicant and the daughter of the complainant was residing at Rajasthan but since, the age of the girl namely Payalben was minor so at that point of time, they could not marry with each other but since after residing with each other for almost one year and after this one year, the girl had attended the majority and since, both of them could not live without each other had decided to get married and both of them had solemnized their marriage on 4/12/2020 and also got their marriage registered on 11/12/2020. Hence the present application is filed.

(3.) Heard learned advocates appearing for the respective parties.