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Natubhai vs State

High Court Of Gujarat|23 February, 2012

JUDGMENT / ORDER

Heard learned advocate for the parties.
At the joint request of learned advocates for the parties respectively the matter is taken up for final disposal.
Respondent No.2-complainant is present in the Court and reiterates what is stated in affidavit dated 19.1.2012 and his daughter namely, Asmita had returned to her parental home and stays accordingly with him. It is further stated that he has no objection if the complaint impugned is quashed and set aside since no further grievances remains against the applicants and the complaint was filed under misconception and mis belief.
Considering the above aspect and submissions made by learned advocates for the parties and pleadings and grounds of this application and proceedings if continues by way of trial before the competent Court it may result into undue hardships and agony to the applicants since daughter of the complainant has returned to her parental home and the complaint impugned is filed under wrong belief that she was illegally taken by the applicants. Besides, one of the applicants and respondent No.2 are also relatives and considering overall aspects, I deem it just and proper to exercise powers under Section 482 of the Code so as to secure end of justice and accordingly the impugned complaint being M.Case No. I-55 of 2011 with Fatepura Police Station is hereby quashed and set aside.
The application is allowed to the aforesaid extent. No costs.
Direct service is permitted.
[ANANT S. DAVE, J.] //smita// Top
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Title

Natubhai vs State

Court

High Court Of Gujarat

JudgmentDate
23 February, 2012