ISHWARBHAI HARJIBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application is filed by the applicant under Section 482 of the Code of Criminal Procedure, 1973 [for short, 'the Code'], to quash the complaint being Criminal Case No. 1432 of 2001 pending in the Court of the learned Judicial Magistrate, First Class, Surat, for the offences punishable under Sections 406, 420, 504 and 506 (2) of the Indian Penal Code.

(2.) AT the threshold, on 9th September 2003, this Court [coram: R. P. Dholakia, J. ] issued Rule making it returnable on 30. 9. 2003 and granted interim relief in terms of prayer paragraph 7 (B ).

(3.) THE short facts of the case are as under: 3. 1 Respondent No. 2, Ishwarbhai Karsanbhai Raika, filed the complaint in the Court of the learned Judicial Magistrate, First Class, Surat, inter alia, alleging that the engagement of son of respondent No. 2 was fixed with the daughter of the applicant before 18 years as per their customary rituals and, at that point of time, some amount and golden ornaments were given to the applicant. It is further alleged in the complaint that, when the son of respondent No. 2, Dinesh and daughter of the petitioner, Nita, became major, respondent No. 2 reminded the petitioner for solemnizing their marriage, but, respondent No. 2 was informed by the petitioner that the marriage could take place only after the marriage of the petitioner's elder daughter, Bhagwati. Even after the marriage of the petitioner's elder daughter, Bhagwati, respondent No. 2 requested to solemnize the marriage of Dinesh and Nita, as stated earlier. However, the petitioner demanded Rs. 50,000/- for marriage and, ultimately, the marriage could not be solemnized and, hence, the complaint.