ASHOK DHONDIBA KALE Vs. STATE OF MAHARASHTRA THROUGH INVESTIGATION OFFICER, POLICE STATION SAILU, TQ SAILU, DIST PARBHANI

JUDGEMENT

(1.) By this criminal application under Section 482 of Criminal Procedure Code, the petitioner is seeking quashment of the first information report and the proceedings in Special Sessions Case No. 32 of 2014 pending before Sessions Court, Parbhani.

(2.) The respondent No. 2 is a resident of Sailu. Respondent No. 3 is his daughter. Respondent No. 2 had lodged report with Sailu Police Station, Tq. Sailu, Dist. Parbhani regarding missing of the respondent No. 3 on 4.7.2013. It was contended in the said report that the daughter is missing since 9 AM of 3.7.2013. The daughter had left the house under the pretext to go to school. However, did not return. Thereafter, the informant respondent No. 2 had gone to Pune on 8.8.2013 and he received the information that the present applicant accused had taken respondent No. 3 at Pune. Respondent No. 2 had talked with the applicant on mobile. But, thereafter the informant lodged the report saying that the applicant has taken away his minor daughter on the false assurance of marriage. The said report came to be registered as CR No. 117/2013 for the offences punishable under Sections 363, 366A of Indian Penal Code during the course of investigation, the accused was arrested on 19.9.2014 and the chargesheet came to be filed for the under Sections 363, 366A, 376 of Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act, 201 In the statement before the Investigating Officer, the daughter had stated that she had developed love for the accused and out of said love and affection she left her house and guardianship of her father on 3.7.2013 and joined the applicant at Parbhani.

(3.) Respondent No. 2 and 3 have filed their affidavits. They both have reiterated the fact that there was marriage between the applicant and respondent No. 3, child has been delivered by respondent No. 3 on 2.12.2014. The applicant accused is taking care and maintaining mother and the child satisfactorily and therefore, the respondent No. 2 has stated that he has no grievance against the petitioner.