YUSUF IBRAHIM MOHAMMED LOKHAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Mr. Shah, the learned APP waives service of notice of rule for and on behalf of the respondent No.1State of Gujarat. The respondent no.2original informant although served with the notice issued by this Court, has chosen not to appear either in person or through an advocate.

(2.) BY this application, the petitionersoriginal accused seek to invoke the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 praying for quashing of the F.I.R. being C.R. No.II247 of 2014 filed before the Kamrej Police Station, Surat (Rural) for the offence punishable under Sections9, 10, 11 of the Prohibition of Child Marriage Act, 2006, which upon filing of the chargesheet, has culminated in Criminal Case No.1642 of 2014 pending in the Court of the learned J.M.F.C., Kathor, District: Surat.

(3.) IT appears that an FIR was lodged by the respondent no.2 in her capacity as a Superintendent of the 'Children Home for Girls' situated at Ramnagar, Rander, Surat. In the FIR, it has been stated that the Home received a letter on 16.06.2014 from one Shri Dawood Mohammed Asmaal, resident of Vhoraji Faliyu, PostKathor, TalukaKamrej, DistrictSurat informing that his daughter viz.Almaas Dawood Asmaal born on 09.04.1997 and aged 17 years and 03 months at that point of time, has got married with the petitioner no.1 herein aged 21 years. In the FIR, it is further stated that the father of the girl had informed that his daughter could not have performed Nikaah with the petitioner no.1 as she was a minor. The respondent no.2 on receipt of such a letter thought fit to file the FIR. The FIR has been lodged against the accused persons of the offence punishable under Sections9, 10, 11 of the Prohibition of Child Marriage Act, 2006.