DHARMESH HARNEDRARAI SANGHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, filed under Sec. 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in brief, 'BNSS'), the petitioner - original complainant has prayed to quash and set aside the impugned FIR, bearing C.R. No. I-134 of 2019, registered with Makarpura Police Station, Vadodara City, under Ss. 354(A)(1)(l) , 323 and 114 of the Indian Penal Code, 1860, and under Ss. 8 , 9(M) , 9(N) , 10 of the Protection of Children From Sexual Offences Act, 2012 ('POCSO' herein after) and the consequential proceedings arising there from.

(2.) Here, it is interesting to note that this petition is not preferred by the original accused No.1, who is Respondent No.2 herein, but, it is preferred by the original complainant - father, who at one point of time was agitating the cause on behalf of his minor daughter, who was aged only four years at that point of time and is still minor, i.e. about nine years of age, as on date. Thus, the petitioner - father, who at once upon a time fought to protect his minor daughter from molestation at the hands of his father-in-law, i.e. the maternal grand-father of his daughter, after the matrimonial disputes of the present petitioner with his wife, i.e. the daughter of the original accused No.1 - Respondent No.2, herein, are resolved, has filed the present petition.

(3.) The present petitioner - original complainant lodged the impugned FIR on 11/8/2019, which is very lengthy. But, the sum and substance of the same, according to the petitioner, is that his wife had relationship with more than one persons and on account of that their marriage life was disturbed. It is, further, stated in the FIR that his wife left her matrimonial home on 20/4/2019 and thereafter, she stayed with her grandfather, namely Navinbhai Shah, at Jambusar and also with her sister, Nimishaben Shah, at Vadodara for some time.