RATILAL RAMAJI SUNDESHAR (MALI) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed by the applicants/original accused under section 482 of the Code of Criminal Procedure, 1973 (for brevity "CrPC") praying to quash and set aside the complaint, being C.R.No. I-93 of 2012 registered with Deesa Rural Police Station, District: Banaskantha for the offence punishable under sections 147, 148, 149, 323, 452, 343, 346, 365, 504, 506(2) of the Indian Penal Code.

(2.) Brief facts of the case are that the complainant and daughter of the accused no.4 namely Rinkuben were studying together and were in love since last four years. Even, the engagement of Rinkuben and complaint was arranged, though the accused nos.1, 2, 3 and 5 raised interruption and issued threats to set Rinkuben on fire and they gave pesticide to her by fraud manner and the complainant saved her by giving her proper medical treatment. The complainant and Rinkuben had physical relation with the consent of each other since last six months and Rinkuben was pregnant, although the accused nos.1 to 5 tried for miscarriage. Thereafter, both of them got married on 13.05.2012, but father of Rinkuben lodged "janva jog" before Deesa Rural Police Station on 24.05.2012. As per understanding between them, Rinkuben stayed at the house of accused no.4 and the remaining accused administered threats to set her on fire. When Rinkuben attain majority, after recording statements of Rinkuben, parents of the complainant and Rinkuben, handed over custody of Rinkuben to the complainant and therefore, the complainant started residing with Rinkuben at Vasna Juna Goliya village. On 13.06.2012 at about 11.00 o'clock, when the complainant was present with his wife and parents, at that time, present applicants allegedly entered into the house of the complainant. They are allegedly armed with deadly weapons and gave him threats of life and to kidnap his wife-Rinkuben, and that is how, impugned complaint came to be lodged.

(3.) Heard learned advocate Mr. PP Majmudar appearing on behalf of the applicants and learned advocate Mr. Radhesh S Vyas appearing on behalf of the respondent no.2 and learned APP Mr. KL Pandya appearing on behalf of the respondent no.1.