RAMESHKUMAR BHANVARLAL JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant-original accused no.1 under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) for quashing and setting aside the FIR being C.R.No.I-40 of 2013 registered with Amraiwadi Police Station qua the applicant.

(2.) Heard learned advocate Mr.M.B.Rana for the applicant, learned advocate Mr.Nishit Thakkar for respondent no.2-original complainant and learned Public Prosecutor Mr.Mitesh Amin assisted by learned Additional Public Prosecutor Mr.Devnani for the respondent-State.

(3.) Learned advocate Mr.Rana submits that the respondent no.2 has filed the impugned FIR on 1.3.2013 against the present applicant and one Mr.Dinesh Verma for the offences punishable under Sections 344, 294(B), 376, 406, 506(2), 507 and 114 of Indian Penal Code. It is stated in the said FIR that the respondent no.2 was serving in the shop of the applicant. It is alleged that as the family members of respondent no.2 forced her to get married with the boy of their choice against her wish, she took help of the applicant. It is alleged that on 10.10.2011, the applicant asked the respondent no.2 to go at the place of the uncle of the applicant residing at Udaipur and therefore the respondent no.2 went to Udaipur and stayed their for few days. Thereafter, the complainant was called at Ahmedabad and she stayed at different places in Ahmedabad. It is further alleged that she was illegally confined at the residence of the applicant in one room. It is further alleged that the applicant was giving threats to the complainant. Thereafter, the complainant resided with the accused no.2-Dinesh Verma in house no.207 of Aakash Metro city flat, Isanpur where the accused Dinesh has committed the offence of rape. It is, therefore, alleged that the accused have committed the alleged offences.