MAGANLAL MEGHJIBHAI KAVAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. The present application is filed by seeking following reliefs:

(2.) Brief facts as per the case of the applicants in this application are as such that the applicants are having three sons namely Amit, Hiren and Nishant. Amit is the eldest son and is married to Divya and is having a minor son and daughter out of the said wedlock. It is further the case of the applicants in this application that it is alleged in the impugned F.I.R. that the son of the applicants namely Amit used to ask for the mobile number of the complainant and hence in contact with the respondent no. 2. It is alleged that the son of the petitioners lured her that he will marry her and will also accept his son and thereafter by winning trust of the complainant, raped the respondent no. 2 against her wish and will, several times at different places including at one Krishna Waterpark at Rajkot. It is further alleged that the son of the applicant - Amit also rented a house for the complainant at Morbi for some time and thereafter since 12/1/2018 Amit left the complainant and was not returning her calls. Therefore, the complainant went to the house of the applicants and since Amit was not present therefore the applicants being parents asked her to leave and she was subjected to physical assault. It is further the case of the applicants in this application that brothers of the Amit namely Hiren, Maulik, Prashant, Nishant met the resp. no. 2 at Pipaliya Cross roads and abused her and also stated words against her caste and told her that Amit will not marry her as she belongs to lower caste. Hence, the offence of rape and atrocity was lodged.

(3.) Heard learned advocate Mr. Zubin Bharda with Mr. Kalrav Patel, learned advocate for the applicants, learned advocate Ms. Nilam Chauhan for the respondent No.2 and learned APP Mr. Dhavan Jaiswal for the respondent No.1 - State.