Research › Search › Judgment

Gujarat High Court · body

2016 DIGILAW 1864 (GUJ)

Jafar Hasambhai Zaga v. State of Gujarat

2016-09-01

SONIA GOKANI

body2016
ORDER : SONIA GOKANI, J. The petitioner is before this Court seeking quashment of complaint being C.R No. I - 34 of 2016 registered with Mangrol Police Station, Dist. Junagadh for the offences under Sections 363 and 366 of Indian Penal Code and Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012. 2. It appears that, petitioner was engaged to the prosecutrix who was minor and the prosecutrix eloped with the petitioner who was her finance and therefore the present complaint is filed. 3. The complainant is before this Court with his affidavit stating therein that parties have settled the dispute and no grievance remains. He has also stated that after prosecutrix attains the age of 18 years, she would also be married to the petitioner. 4. Ms. Ambika Sharma, learned advocate appears for the petitioner and submits that, Division Bench of this Court in Special Criminal Application No. 5260 of 2016 (in habeas corpus) matter, has taken note of compromise which has been arrived at by between the parties. 5. Mr. Bhunesh Rupera, learned advocate appears for the respondent No. 2 and submits that complainant has no cause of grievance if the FIR is quashed. 6. Learned APP for the State has verified from the complainant and prosecutrix the contents of order passed by the Division Bench in Special Criminal Application No. 5260 of 2016. 7. Having heard learned advocates for the parties and learned APP for the State, this Court notices that in Special Criminal Application No. 5260 of 2016, the Division Bench has also recorded undertaking cum affidavit given before the Court. It will be appropriate to reproduce the order hereinafter. “1. Pursuant to the order dated 03.08.2016, the learned Additional Public Prosecutor has verified the background of Mrs. Memoona Hasambhai Zaga and her husband as well as the relationship between them and the fourth respondent. However, in view of what has transpired during the course of the proceedings today, it is not necessary to refer to the same. 2. Today, the petitioner, Shri. Hanifbhai Adambhai Kulala has filed an undertaking-cum-affidavit dated 10.08.2016 before this court stating that the dispute has been amicably resolved between him and the respondents No. 4 and 5 and that, the same had occurred due to misunderstanding. 2. Today, the petitioner, Shri. Hanifbhai Adambhai Kulala has filed an undertaking-cum-affidavit dated 10.08.2016 before this court stating that the dispute has been amicably resolved between him and the respondents No. 4 and 5 and that, the same had occurred due to misunderstanding. He further undertakes before this court that if the custody of his daughter Nazmin is given to him, he will take care of her and will keep her safe and happy and that he will not cause any harassment to Nazmin in any manner. He has further stated that he will continue with the engagement of his daughter with the respondent No. 4 and that, as and when Nazmin attains the age of majority, he would ensure that her marriage takes place with the respondent No. 4 Jafar Hasambhai Zaga and that, he will not arrange the marriage/engagement of Nazmin with any other person. He has further stated that in view of the settlement arrived at between the parties, he will give his consent for quashing the criminal complaint filed by him being Mangrol Police Station I C.R No. 34 of 2016 for the offences under sections 363 and 366 of the Indian Penal Code against the respondent No. 4 (Jafar). He has also stated that he will not make any complaint or litigate in this aspect. 3. In view of the undertaking-cum-affidavit dated 10.08.2016 made by the petitioner, minor Nazmin has agreed to return to her parental home. 4. In the light of the fact that the parties have amicably resolved the dispute in terms of the undertaking-cum-affidavit dated 10.08.2016filed before this court, part of which is recorded hereinabove, this petition is disposed of by handing over the custody of minor Nazmin to the petitioner - Shri. Hanifbhai Adambhai Kulala. 5. The petitioner shall abide by the undertaking-cum-affidavit dated 10.08.2016 filed before this court in letter and spirit. To further safeguard the interest of minor Nazmin, it is directed that the District Social Defence Officer, Junagadh will make periodical visits to the home of the petitioner and inquire about the well being of minor Nazmin, and in case anything adverse comes to his notice, he shall forthwith report the same to this court. 6. Subject to the above, the petition is disposed of. Notice is discharged.” 8. 6. Subject to the above, the petition is disposed of. Notice is discharged.” 8. Considering the fact that, parties have arrived at settlement couple with the fact that, parents themselves have undertaken before this Court, as noted by the Division Bench, no cause of grievance remains in view of decision of Honourable the Supreme Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303 so also considering the chronology of events and the factum of engagement of the prosecutrix with the petitioner although some offences are under Protection of Children from Sexual Offences Act, 2012 request for quashment of the complaint, for the larger interest of both the families is acceded to. 9. Direct service is permitted.