CHAUDHARI VISHNUBHAI MAFATBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT petition under sec. 482 of the Code of Criminal Procedure has been preferred by the petitioners herein original accused to quash the impugned complaint / First Information Report being CR No. I-341 of 2006 registered with Visnagar Police Station for the offences punishable under sections 366, 380, 506 (1) and 114 of Indian Penal Code.

(2.) AT the outset, it is required to be noted that the respondent No. 2 original complainant is the real brother of the petitioner No. 2 and it appears that the dispute arose, as the petitioner No. 2 had run away and has married with the petitioner No. 1 without the consent of the respondent No. 2 and/or without informing him and because of that the respondent No. 2 has lodged the impugned First Information Report for the offences punishable under sections 366, 380, 506 (1) and 114 of Indian Penal Code. It is also required to be noted that at present the petitioner Nos. 1 and 2 are residing very happily and the petitioner No. 2 is residing with her husband petitioner No. 1 at her matrimonial house since the date of her marriage with the petitioner No. 1 and having one minor baby child now aged 2 years out of the wedlock.

(3.) CONSIDERING the nature of controversy and the dispute between the parties and the impugned complaint filed by the respondent No. 2 and the relationship between the respondent No. 2 - complainant and the petitioner No. 2 i. e. brother and sister, this court was of the opinion that the parties be called to resolve the dispute between the parties so that the relations between the complainant and the respondent No. 2 are restored and they are reunited. However it is reported that the respondent No. 2 original complainant is in jail in connection with some other offence. Today, the petitioner nos. 1 and 2 are personally present in the Court with their baby child aged 2 years and it appears that they have settled in life and are residing happily.