BHARATGIRI RAMESHGIRI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Though served, nobody appears on behalf of respondent No.2, - original complainant. By way of this application u/s 482 of Criminal Procedure Code, the petitioner, - original accused has prayed for an appropriate order to quash and set aside the complaint/FIR being C.R. No. I 2 of 2005 registered at Gadhada Police Station, as well as charge sheet submitted in the said case before the ld. JMFC, Botad and further proceedings of criminal case No.306/06.

(2.) A criminal complaint/FIR came to be registered/ filed by the respondent No.2 herein, - original complainant before the Gadhada Police Station against the petitioner for the offence u/s 363, 366 and 376 of the IPC alleging inter alia that the petitioner has abducted/kidnapped Rizwana for the purpose of marriage. That it seems that in the complaint, the complainant has mentioned that age of said Rizwana was 17 years. After investigation, the concerned Investigating Officer has submitted the charge sheet before the ld. Civil Judge (JD) & JMFC, Botad and the criminal case is numbered as criminal case No.306/06. It appears that the statement of said Rizwana@Priti has been recorded on 19-3-06 and said Rizwana has specifically mentioned and/or submitted that she has married with the petitioner on 19-1-06 after completion of 18 years and it was a Court marriage and she has also changed her name from Rizwana to Priti and that she has delivered one baby and that she is residing with the petitioner happily and she has voluntarily gone with the petitioner. A further statement has also been recorded on 27-3-06. the birth date certificate of said baby child is also produced on record. Shri Dagli, learned advocate appearing on behalf of the applicant has submitted that considering the statement of Rizwana, who is know wife of the petitioner, it cannot be said that the petitioner has committed any offence u/s 363, 366 and 376 of IPC. Therefore, he has requested to quash the complaint.

(3.) Shri KT Dave, ld, APP has requested to pass appropriate order considering the statement of Rizwana, who is know wife of the petitioner.