Research › Search › Judgment

Gujarat High Court · body

2011 DIGILAW 770 (GUJ)

Anilbhai Vinodbhai Makwana v. State of Gujarat

2011-11-18

RAJESH H.SHUKLA

body2011
Judgment Rajesh H. Shukla J.—Rule. Learned A.P.P., Mr. H.L. Jani for the Respondent No. 1-State of Gujarat and learned Counsel, Mr. Dinesh Chaudhari for the Respondent No. 3-victim girl waive service of notice of rule. The Respondent No. 2-original complainant has been served by direct service. 2. The present petition has been filed by the applicants under Articles 226 and 227 of the Constitution of India and under Section 482 of the Criminal Procedure Code, 1973 for the prayer that M. Case No. 7/2011, which has been registered as Criminal Case No. 50/2011 in the Court of Learned Judicial Magistrate, First Class, Bhiloda, District : Sabarkantha may be quashed and set aside on the grounds stated in the petition. 3. Heard learned Counsel appearing for the respective parties. 4. Learned Counsel, Mr. Kirit Chaudhari for the petitioner has stated that they have married and are residing together and in fact, she has a pregnancy. For which, he has referred to the affidavit of the victim produced at Annexure-C along with other papers including the School Leaving Certificate and submitted that the present application may be allowed. 5. Learned Counsel, Mr. Dinesh Chaudhari appearing for the Respondent No. 3-victim girl has placed on record the affidavit of the Respondent No. 3 and stated that the victim girl is also present in the Court. Learned Counsel, Mr. Chaudhari has stated that the victim girl has stated in her affidavit that she is residing with the petitioner-husband and they have married as per rites. She has also stated that she is carrying a pregnancy and the complaint has been falsely filed at the instigation of others and only to cause harassment. 6. In view of the rival submissions as well as the affidavit of the victim girl and also considering the observation made by the Hon’ble Apex Court in a judgment in case of Madan Mohan Abbot vs. State of Punjab reported in (2008) 4 SCC 582 , the present application deserves to be allowed. 7. In the circumstances, the present petition stands allowed in terms of Para No. 14(A). The complaint being M. Case No. 7/2011, which has been registered as Criminal Case No. 50/2011 in the Court of Learned Judicial Magistrate, First Class, Bhiloda, District : Sabarkantha is hereby quashed and set aside. 8. Rule is made absolute. Direct service is permitted.