ASHISH VIJAYBHAI NAIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application has been filed by the petitioners under Section 482 of the Code of Criminal Procedure to quash the complaint being

(2.) Father of petitioner No.7, respondent No.2 herein filed complaint against all the petitioners on 10th June 2002 for the offences punishable under Sections 363, 365, 366, 380 and 114 of the Indian Penal Code alleging inter alia that the petitioners more particularly petitioner No.1 in connivance with other petitioners coaccused forcibly kidnapped his daughter i.e. Petitioner No.7 herein. It prima facie appears that the petitioner No.7 herein had gone voluntarily with the petitioner No.1. As the marriage was not liked by the father respondent No.2 herein it led to filing of the aforesaid complaint. It appears from the record that the private complaint was filed before the learned J.M.F.C., Vijapur which was sent by the learned Trial Court to the Police Station, Vasai, for investigation under Section 156(3) of Criminal Procedure Code. Being aggrieved and dissatisfied with the same the petitioners have preferred the present petition to quash the aforesaid complaint.

(3.) Along with the petition, the petitioner No.7 herein and daughter of the complainant, respondent No.2 has filed the affidavit annexing therewith the Marriage Certificate as proof of marriage between the petitioner No.1 and the petitioner No.7. In the said affidavit it is specifically mentioned that she had voluntarily gone with the petitioner No.1, married him and they are living happily.