SATISH RAMESHBHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr.L.B.Dabhi, learned Additional Public Prosecutor waives service of notice of Rule for respondent No.1. Ms.Anoosha Upadhyaya, learned advocate states that she has received instructions to appear on behalf of respondent No.2, Complainant -Nirmalaben Kuldipbhai Sharma and states that she would be filing the Vakalatnama in the Registry, during the course of the day. She waives service of notice of Rule for respondent No.2. On the facts and in the circumstances of the case and with the consent of the learned counsel for the respective parties, the application is being heard and decided finally.

(2.) THIS application under Section482 of the Code of Criminal Procedure, 1973 ("the Code", for short) has been preferred, interalia, with a prayer to quash and set aside the criminal complaint registered before the Vatva Police Station, vide C.R.No.I295/2014 on 04.10.2014 in respect of offences punishable under Sections363, 366 and 114 of the Indian Penal Code and Sections3 and 4 of the Protection of Children from Sexual Offences Act, 2012.

(3.) RESPONDENT No.2Complainant made the complaint to the effect that on 21.09.2014 at about 2.00 p.m. when the son of the complainant named Kapil went to pay the electricity bill, the complainant and her daughter Ayushi were present in the house. At about 3.30 p.m., Ayushi stated that she is going to collect her dress from the shop of Shaileshbhai Tailor. Though the shop of the tailor is nearby to the house of the complainant, Ayushi did not return for about half an hour. The complainant, therefore, went to the tailor's shop and told Shaileshbhai to give the dress of Ayushi, if it is ready. Shaileshbhai complied and gave the dress. The complainant was informed that Ayushi had not visited the shop of the tailor. She called her son Kapil on telephone and informed him that Ayushi had gone away somewhere. The complainant and Kapil tried to search for Ayushi but could not find her. Thereafter, the complainant called Suresh Ramjilal Sharma, the uncle of Ayushi and informed him that Ayushi had gone away somewhere. The complainant was informed by Satish Rameshbhai Thakor (applicant No.1), who resides in the same society as the complainant, that Ayushi had a love affair with him and they wanted to marry each other. However, the complainant had told him that her daughter is a minor and asked him not to maintain any relationship with her. Thereafter, on 09.02.2014, the engagement of Ayushi took place with one Rahul Javaharlal, belonging to the caste of the complainant. Applicant No.1 came to the house of the complainant and threatened her that he has a relationship with Ayushi, therefore, she ought not to be engaged to some one else. Though Ayushi was a minor aged seventeen years, eleven months and fifteen days, at that point of time, applicant No.1 stated that he would marry her. Thereafter, it is the case of the complainant that her daughter Ayushi eloped with applicant No.1. The couple could not be traced even after repeated inquiries from relatives. The mobile phone of applicant No.1 was switched off. Under the circumstances, the complainant lodged the complaint, which has been registered as the FIR in question.