Heard Mr. Barot, learned advocate for the applicant, and Mr. Shah, learned APP for the respondent State.
2. On previous occasion, when the matter was partly heard on 3.12.2012, Mr. Barot, learned advocate for the applicant, had submitted that the girl has married to the applicant and she has also delivered a child and she also does not support the impugned complaint filed by her father.
3. Present application is taken out with a request to quash the FIR/complaint filed by father of the girl complainant being I CR No.157 of 2009 registered with Chaklasi Police Station, District : Kheda for the offence punishable under Section 363, 366 and 376 of the Indian Penal Code. The impugned FIR/complaint is lodged mainly on the allegation that the applicant kidnapped the daughter of the complainant and committed offence punishable under Section 363, 366 and 376 of the Indian Penal Code.
4. In order to ascertain the factual aspect about marriage and girl's wish to support the applicant, learned advocate for the applicant, was asked to ensure that the concerned girl remains present in the Court. Alongwith Mr. Shah, learned APP, Ms. Rawal, 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 (who is identified by the learned advocate for the applicant), has remained present. Instead of Ms. Rawal, learned APP, Ms. Vacha Desai, learned APP is present. The matter is partly heard in chamber so as to ascertain relevant facts from the concerned girl. Mr. Barot, learned advocate for the applicant, has also tendered an affidavit dated 2.11.2012 said to have been made by the concerned girl. The said affidavit is filed in support of the relief prayed for in present application, i.e. to quash the FIR which is filed by father of the said girl (complainant).
In presence of learned advocate for the applicant as well as learned APP Mr.Shah and Ms. Desai, the concerned girl admitted that the affidavit dated 2.11.2012 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 wedlock with the applicant and now, she is carrying second pregnancy also.
6. Having regard to the aforesaid aspects, the request made in present application 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 application 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 26.12.2012.
6.3 Mr. Barot, learned advocate for the 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 10(B) is granted until the returnable date.
(K.M.THAKER, J.) kdc Page 3 of 3