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Gujarat High Court · body

2019 DIGILAW 95 (GUJ)

Kamleshbhai Varsingbhai Mohaniya v. State Of Gujarat

2019-02-04

A.S.SUPEHIA

body2019
JUDGMENT : 1. The present application has been filed by the applicant-original accused under Section 482 of the Code of Criminal Procedure, 1973 (“Code” for short) seeking quashing and setting aside the impugned F.I.R. being C.R.No.I39 of 2016 registered with Jesawada Police Station, Dist. Dahod for the offences punishable under Sections 363 and 366 of the Indian Penal Code, 1860 (“IPC” for short) and Sections 3 and 4 of the Protection of Children from Sexual Offences, 2012 (“POCSO Act” for short). 2. The brief facts leading to filing of the present application are as under :- Kantaben daughter of the respondent no.2 and the applicant-original accused were knowing to each other. Kantaben wants to marry with the applicant, so she informed her family members, but the respondent no.2 and other family members were not agreeable for their marriage, so they have tried to marry Kantaben with another person, so the daughter of the respondent no.2 has, on her own will, left the house of the respondent no.2-original complainant and joined with the applicant and after completion of 18 years of age, she got married with the applicant on 30.05.2017 as per their customs. 3. At the outset, Mr.Shastri, learned advocate for the applicant-original accused has tendered an affidavit of Kantaben – daughter of respondent no.2-original complainant dated 04.02.2019, which is taken on record. 3.1 Learned advocate for the applicant has submitted that Kantaben was not abducted by the applicant but she had willingly accompanied with the applicant, and thereafter, married with him. He has submitted that out of the wedlock, she blessed with a baby girl-Ichchha on 04.05.2018. He, therefore, submitted that due to the subsequent development, the impugned F.I.R. may be quashed and set aside. 4. The contents of the F.I.R. reveal that the complainant has alleged that the applicant had forcefully taken her daughter and at that relevant point of time, she has not completed 18 years of age. 5. Today, when the matter is taken up for final hearing, Kantaben – daughter of the respondent no.2-original complainant along with applicant-original accused has personally remained present before this Court. The complainant is also present. Her affidavit dated 04.02.2019 suggests that on 30.05.2017, they solemnized marriage and out of their wedlock, she has delivered a child viz. Ichchha on 04.05.2018. She is present in the court with her minor daughter. The complainant is also present. Her affidavit dated 04.02.2019 suggests that on 30.05.2017, they solemnized marriage and out of their wedlock, she has delivered a child viz. Ichchha on 04.05.2018. She is present in the court with her minor daughter. It is further narrated by her that both of them are doing the labour work and after their marriage, they went Maharashtra for doing labour work. She has further submitted that at present, she is residing at Udar. 6. On being inquired by this Court about the averments made in the affidavit, Kantaben – daughter of the respondent no.2-original complainant has specifically stated that his father has filed the aforesaid F.I.R. only with a view to extort money as per the customs. She has further stated that she has accompanied the applicant without there being any force or coercion on his part and now, she is happily living with the applicant along with their minor daughter viz. Ichchha. 7. Under the circumstances and in light of the affidavit filed by Kantaben – daughter of the respondent no.2-original complainant as well as the statement made by her before this Court, the applicant cannot be allowed to suffer rigmarole of the trial proceedings in wake of the fact that presently, both the applicant-original accused and Kantaben – daughter of the respondent no.2-original accused have married and are enjoying their married life and they are also blessed with a child viz. Ichchha. From the statement of the daughter of the complainant, it is manifest that her marriage is opposed by her father-original complainant for the reason to extort money from the applicant and his family members as per their customs. Hence, it can be safely presumed that the impugned FIR is filed with an oblique motive of extorting money. 8. For the reasons stated hereinabove, the present writ application is allowed. Impugned F.I.R. being C.R. No.I39 of 2016 registered with Jesawada Police Station, Dist. Dahod as well as all other consequential proceedings arising out of the aforesaid F.I.R are hereby quashed and set aside. The present application stands disposed of, accordingly. 9. RULE is made absolute. Direct service is permitted.