MITESH JAYPRAKASH THAKKAR Vs. GAJJAR SHIVRAMBHAI DEVRAMBHAI

JUDGEMENT

(1.) In the present application, the applicants, original accused have prayed for quashing of criminal complaint bearing I C.R. No.25 of 2007 filed before Radhanpur Police Station by respondent No.1 on 3.2.2007.

(2.) In the complaint, the complainant has stated that his daughter Manisha had left home for going to school. At that time, his sister-in-law was passing who saw that Manisha was forcibly made to sit in a jeep by the accused No.1 and 2 i.e. applicants No.1 and 2 herein. Accused No.3 was at that time shouting to put her in the jeep. They thereafter sped away in the jeep with the girl. The complainant when told about the incident by his sister-in-law, inquired at various places about the whereabouts of his daughter, but could not find her. He therefore, lodged the complaint before the police on 3.2.2007 at about 10:00 o'clock at night. Significantly as per the complaint, the daughter of the complainant was kidnapped on 1.2.2007 at about 10:30 in the morning. The police, therefore, recorded the complaint for the offence punishable under Sections 366, 506 (1) read with Section 114 of Indian Penal Code.

(3.) The case of the applicants herein is that no such incident as alleged in the complaint had ever taken place and in fact applicant No.1 and Manisha were in love with each other. Since her parents were not agreeable to their marriage, they got married on 1.2.2007 without the blessing of the parents of the girl. It is stated that the complaint is malafide complaint and same should therefore, be quashed.