RAJESHBHAI KESHAVBHAI SARLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application for seeking quashment of the First Information Report being I-C.R. No. 36 of 2016 registered at Lakhtar Police Station, Dist.: Surendranagar for the offences punishable under sections 363 and 366 of the Indian Penal Code as well as for quashing of Special (POCSO) Case No. 46 of 2016 and Special (POCSO) Case No. 49 of 2016 pending before the learned Special Judge &2nd Additional Sessions Judge, Surendranagar.

(2.) The applicant No. 1 was having affair with victim and they both ran away from their houses. The respondent no.3 - victim was minor at that time, as her birth date is 04.12.1998 i.e. 17 years and 5 months. The complaint came to be lodged by the respondent no.2 - original complainant being I-C.R. No.36 of 2016 registered at Lakhtar Police Station. The Investigating Officer has filed report before the learned Trial Court on 25.07.2016 for inserting Section 376(2) N and under Sections 3(a) and 4 of the Prevention of Children From Sexual Offences Act, 2012.

(3.) After due investigation, charge-sheet has been filed and Special case has been registered being Special (POCSO) Case No. 46 of 2016 and on the basis of the additional supplementary chargesheet, Special (POCSO) Case No. 49 of 2016 also has been registered, which has remained pending before the learned Special Judge and 2nd Additional Sessions Judge, Surendranagar.