1. Heard Mr.Chaudhari, learned advocate for applicant and Mr. N.J.Shah, learned APP, for respondent - State.
2. On previous occasion when the matter was partly heard, i.e. on 03.12.2012, learned counsel for the applicant had referred to and relied on an affidavit dated 27th August 2012 (Annexure-E Page 23) said to have been made before Notary by the daughter of the complainant deposing, inter alia, that she has married to the applicant, viz. Dashrathbhai V. Mali, and she has also delivered a child in Ramani Hospital at Amreli on 8th March, 2012. The said affidavit is filed in support of the relief prayed for in present petition i.e. to quash the FIR bearing C.R.No.I-319/2011, which is filed by father of said girl, wherein, the complainant has alleged offences punishable under Sections 363, 366 and 376. It is informed by the learned counsel for the applicant that now charge-sheet has also been filed and a criminal case being Criminal Case No.93 of 2012 has been registered.
3. Present petition is taken out with a request to quash the said FIR/charge-sheet mainly on the ground that the applicant and the daughter of the complainant had eloped because they wanted to marry but the parents were opposing their marriage and thereafter both have got married after the said girl became major and they have been staying together since their marriage. A copy of the marriage certificate is placed on record and was relied on by the learned counsel for the applicant to support the relief/request for quashing the FIR.
4. In order to ascertain the genuineness of the affidavit dated 27.08.2012 said to have been made by the concerned girl, learned counsel for the applicant was asked to ensure that the concerned girl remains present in Court. Learned APP was also directed to make a lady constable available to remain present with the said girl. Alongwith Mr. Shah, learned APP, Ms. Acharya, learned APP was also requested to remain present at the time of hearing so that in case of need she can interact with the concerned girl and ascertain relevant details.
5. Accordingly, today, the concerned girl has remained present. The matter is partly heard in chamber so as to ascertain relevant facts from the concerned girl. In presence of learned advocate for applicant as well as learned APP Mr. Shah and learned APP Ms. Acharya and the lady constable, the concerned girl admitted that the affidavit dated 27.08.2012 has been made by her willingly and without any force or coercion or undue influence. She also accepted that she is married to the applicant and has been staying with the applicant and she wants to continue to stay with the applicant. She also admitted that she has given birth to a child during her marriage with the applicant.
Having regard to the aforesaid aspects, the request made in the present petition deserves consideration.
Hence, below mentioned order is passed.
6.1. Rule.
Mr.
N.J.Shah, learned APP has waived service of Rule for the respondent State.
6.2. Having regard to the facts and circumstances of the case and the desire expressed by the concerned girl and also for the reason that if the petition is decided finally, at an early stage, that would help the applicant and the concerned girl in their regular marriage life, it is considered appropriate to make the process of Rule returnable on 26th December 2012.
Learned counsel for applicant has submitted that in view of the statement and stipulation by the concerned girl and the affidavit made by her, there is no fruitful purpose in continuing the proceedings related to the impugned FIR and charge-sheet.
Therefore, interim relief as prayed for in para 14(C) is granted until the returnable date.
(K.M.THAKER, J.) Jani Page 4 of 4