Hasumatiben Rameshbhai Solanki v. State of Gujarat
2017-12-01
J.B.PARDIWALA
body2017
DigiLaw.ai
ORAL ORDER : J.B. PARDIWALA, J. This is an application filed by the respondent no. 2 of the main matter i.e. the original first informant praying for the following reliefs:— 7(A) be pleased to direct the respondent no. 1 - Investigating Agency to give the custody of her daughter Dimple to the present applicant in the interest of justice; (B) to allow this application in terms of prayer (A) herein and to pass such other and further orders necessary in the interest of justice; 2. The main matter i.e. the Criminal Misc. Application No. 14157 of 2017 has been filed by the original accused viz. Arjun Kishanbhai Solanki. It appears that the applicant herein lodged an FIR dated 20/05/2017 for the offence punishable under Sections-363 and 366 of the IPC. The allegations in the FIR are that the accused abducted the daughter of the first informant viz. Dimple, aged 16 years 07 months from lawful guardianship of her parents. 3. It appears that in the main matter, the following order was passed on 16/06/2017. Issue notice, returnable on 05.07.2017 Ms. Shruti Pathak, learned APP waives service of notice for the respondent-State. In the meanwhile, no coercive steps to be taken against the applicant in connection with this FIR till the returnable date. 4. Thereafter, time to time, the matter was being adjourned and the ad-interim relief, which was earlier granted, was ordered to be continued. 5. On 09/08/2017 the following order was passed:— 1. Mr. L.B. Dabhi, learned Additional Public Prosecutor has placed a xerox copy of the statement recorded today of the daughter of the complainant namely Dimple, who is aged about 16 years 11 months. As per her statement, she is willing to go with the applicant-accused since she was forced by her parents to marry with the person, who is aged about 50 years. She is residing with the applicant after leaving her parental home. 2. Considering the age of the prosecutrix, in my opinion, following order would meet the ends of justice: Rule returnable on 06/11/2017. Mr. L.B. Dabhi, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State. Investigating Agency is hereby directed to send Dimple, daughter of the original complaint to Nari Saurakshan Gruh, Nizampura, Vadodara. It would be open for the Investigating Agency to proceed further with the investigation, including medical examination of the prosecutrix.
Mr. L.B. Dabhi, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State. Investigating Agency is hereby directed to send Dimple, daughter of the original complaint to Nari Saurakshan Gruh, Nizampura, Vadodara. It would be open for the Investigating Agency to proceed further with the investigation, including medical examination of the prosecutrix. Copy of this order shall be handed over to learned Additional Public Prosecutor for further action. 6. Pursuant to the order dated 09/08/2017 referred to above, Dimple i.e. the daughter of the first informant was sent to the Nari Saurakshan Gruh, Nizampura, Vadodara. Dimple appears to be in love with Arjun. Dimple has no idea about the legal implications of this relationship. Dimple is minor as on date. Even if she wants to get married with Arjun, the law does not permit her. Dimple has an apprehension that her mother i.e. the first informant may force her or compel her to get married to some other boy. She has a very anxious apprehension in her mind. The fear in mind is that her mother is likely to get her married with a 50 years' old man. This fear expressed by Dimple was something very disturbing. In such circumstances, in this application the following order was passed on 30/11/2017:— The Police Officer of the Bapod Police Station, Vadodara is directed to produce Dimple before this Court tomorrow without fail. Dimple as on date is in the Nari Saurakshan Gruh, Nizampura, Vadodara. One responsible officer from the Nari Saurakshan Gruh shall accompany with Dimple tomorrow while remaining present before this Court. Post this matter on 01/12/2017. A copy of this order be provided to Ms. Thakkar, the learned APP today itself for its onward communication. 7. Today Dimple is here before this Court. Ms. Minakshiben Der serving as the Superintendent of the Institution is also present in the Court. The mother of the Dimple i.e. the first informant viz. Hasumatiben Rameshbhai Solanki is also present in the Court. 8. Ms. Thakkar, the learned APP had a talk with all the three ladies. The apprehension in the mind of Dimple that she may be forced and compelled to get married with a 50 years' old man does not appear to be well founded. The mother makes herself very clear that nothing of that sort is there.
8. Ms. Thakkar, the learned APP had a talk with all the three ladies. The apprehension in the mind of Dimple that she may be forced and compelled to get married with a 50 years' old man does not appear to be well founded. The mother makes herself very clear that nothing of that sort is there. On the contrary, the mother submitted that Arjun is residing just next to their house. Arjun happens to be their neighbour. Being the neighbour, Arjun and Dimple developed intimacy for each-other. However, the mother is quite firm that as her daughter is minor, there is no question of getting her married to Arjun. 9. I inquired with Dimple whether she would like to go back to her home or not. According to Dimple, if there is going to be no harassment at the end of her mother and other family members, then she would like to go back to her home. She wants an assurance from her mother that she would not object to her marriage with Arjun. The mother says that as soon as Dimple attains the age of majority, she would think about her marriage with Arjun and initiate the talks. 10. I am of the view that Dimple should go back to her parental home. As she is very much present in the Court today, I permit her to go to her home alongwith the mother i.e. Hasumatiben Rameshbhai Solanki, who is also present in the Court. The Officer of the Nari Saurakshan Gruh, Nizampura, Vadodara has also taken note of this order, which is passed today. The mother i.e. Hasumatiben Rameshbhai Solanki is requested to handle the situation carefully. She is requested that ensure that no undue harassment is caused to Dimple in any manner in this regard. I am of the view that time would be the best healing factor in this matter. 11. So far as the main matter is concerned, i.e. filed by Arjun, the same will be heard on its own merits. This application is accordingly disposed of. Direct service is permitted. 12. A copy of this order be provided to Ms. Minakshiben Der, the Superintendent of the Nari Saurakshan Gruh, Nizampura, Vadodara so that the order can be kept with the record.