JIGNESH PRAVINBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused seeks to invoke the inherent powers of this Court, praying for quashing of the FIR registered with the Kagdapith Police Station, Ahmedabad city, vide CRI No.40 of 2016 for the offence punishable under Sections 376, 365, 323, 294B, 427 read with Section 114 of the Indian Penal Code.

(2.) It appears that subsequently chargesheet came to be filed and the same culminated in Criminal Case No.799 of 2016, which is pending in the Court of the learned Metropolitan Magistrate, Court No.4, Ahmedabad. It appears that the case has not been committed till this date.

(3.) This application for quashing of the prosecution is filed on the ground that the first informant, i.e. the prosecutrix, has settled the dispute and is no longer desirous to prosecute the applicant herein. The first informant is present in the Court along with the accused. She makes a statement that the prosecution may be quashed with her consent. She further states that she has severed all relations with her parents and is residing all alone. According to her, she is aged 21 years, whereas the accused is aged 19 years. It is not possible for her to get married with the accused because the accused has not attained the age of majority for the purpose of contracting a valid marriage. She has also filed an affidavit, inter alia, stating as under :