1. Heard Mr. Vyas, learned advocate for the applicants.
2. In present application the applicants have prayed that:-
(a) quash and set aside the FIR being C.R. No. I-69 of 2012 registered with Babra Police Station, Amreli, Annexure-A to this application, and all the consequential proceedings arising therefore, and
(b) pending admission and final disposal of this application, the Honourable Court may be pleased to stay the further proceedings in connection with the offence registered as C.R. No.I-69 of 2012 with Babra Police Station, Amreli, and / or
(c).............
(d).............
The impugned FIR has been filed by father of the girl who was allegedly kidnapped by the applicants.
3.1 According to the impugned FIR daughter of the complainant was minor at the relevant time. The investigation in connection with the FIR filed by the complainant i.e. the father of the concerned girl is in progress.
At this stage the accused No.1, his father and his cousin brother have taken out present application. Accused No.1 has claimed that he and the daughter of the complainant have got married and their marriage has been duly solemnized.
4.1 Learned Counsel for the applicant No.1 has also claimed that the girl stays with the applicant.
4.2 In support of his submission learned Counsel for the applicants has relied on the document at annexure-F (page 22 to 25) which purports to be affidavit said to have been made by the daughter of the complainant.
5. So far as the complainant's claim in the FIR is concerned, it is claimed that his daughter i.e. concerned girl was minor at the relevant time, however the Court is informed that in the order dated 18.9.2012 passed by the Court in the said Habeas Corpus petition in Special Criminal Application No. 2358 of 2012, it is recorded, inter alia, that:-
2. Pursuant to the notice, respondents no.4 and 10 are before us. We have talked to respondent no.10 Jagrutiben, the corpus. She claims that she is not a minor and her date of birth is 1.6.1992. Even we find that she is both, physically and mentally, grown up and mature.
6. Learned advocate for the petitioner has relied on the said order.
7. Having regard to the aforesaid aspect following order is passed:-
Rule.
Ad-interim relief in terms of paragraph No.8(b). Notice as to interim relief returnable on 15.1.2013.
(K.M.THAKER, J.) suresh Page 3