MUKESHBHAI GANGJIBHAI MACCHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) MR . K.P. Raval, learned Additional Public Prosecutor waives service of notice of rule for respondent No.1 State of Gujarat and Mr. Siraj Gori, learned advocate waives service of notice of rule on behalf of respondent No.2.

(2.) THE facts of the case stated briefly are that the respondent No.2 herein had lodged a complaint against the petitioner No.1 alleging commission of the offences punishable under sections 363 and 365 of the Indian Penal Code which came to be registered as a First Information Report being Fatepura Police Station I C.R. No.3 of 2008. It was alleged that the petitioner No.1 herein had induced Sharmistha, daughter of the complainant aged about 17 years with a view to marry her. Subsequently, it appears that the police has made a report before the learned Judicial Magistrate for addition of section 376 of the Indian Penal Code.

(3.) IT appears that subsequently, the complainant and the petitioner No.1 herein have settled the dispute in the presence of panchas on 9th April, 2008 and the same has been reduced in writing by an agreement bearing the same date. As per the said agreement, the complainant has received the amount as per the custom of the tribe to which both the parties belong and has accordingly settled the dispute in the presence of the panchas. It is in these circumstances that the petitioners have moved the present petition praying for quashing the First Information Report in question.