1. Present petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioners - original accused to quash and set aside the impugned First Information Report being CR No.I-88 of 2008 registered with Gariyadhar Police Station, District : Bhavnagar, lodged by the respondent No.2 – original complainant for the offences punishable under sections 363, 366 and 174 of Indian Penal Code.
2. That the respondent No.2 – original complainant has lodged the impugned First Information Report against the petitioners for the offences punishable under sections 363, 366 and 174 of Indian Penal Code inter-alia alleging that his daughter named Samira – petitioner No.2 herein, has been kidnapped / abducted by the accused persons with a view to get her married with Rahim Ismailbhai Sanot – original accused No.1. Being aggrieved by and dissatisfied with the impugned First Information Report the petitioners - original accused have preferred the present petition under section 482 of the Code of Criminal Procedure.
3. Mr.Kharadi, learned advocate appearing on behalf of the petitioners has vehemently submitted that as such the daughter of the complainant – petitioner No.2 herein had run away with the petitioner No.1 voluntarily as she wanted to marry with the petitioner No.1. It is submitted that subsequently the petitioners daughter of the complainant – petitioner No.1 and original accused No.1 – petitioner No.1 herein have married on 6/4/2009 and out of the said wedlock they have got one baby child also. Therefore, it is submitted that the petitioners have not committed the offences as alleged.
4. Mr.Pandya, learned Additional Public Prosecutor has stated at the bar that today statement of the daughter of the complainant named Samira – petitioner No.2 herein is recorded and as per her statement, she had gone with the petitioner No.1 voluntarily and the daughter of the complainant – petitioner No.2 and the petitioner No.1 have married. It is further submitted by the learned Additional Public Prosecutor under the instructions from the concerned investigating officer that appropriate report shall be submitted before the concerned Magistrate.
5. In view of the above, the learned advocate appearing on behalf of the petitioners does not press the present petition at this stage. The concerned investigating officer is directed to act as stated above and submit appropriate report before the concerned magistrate and as and when the same is produced, the same be considered in accordance with law and on merits and considering the facts stated hereinabove. With these present petition is disposed of.
[M.R. SHAH, J.] rafik