The present application has been filed under Section 482 of the Criminal Procedure Code for quashing the FIR being C.R.No.I-16/2012 registered before D.C.B. Police Station on the grounds stated in the application.
Heard learned counsel, Mr.E.E. Saiyed for the applicant.
Learned counsel, Mr.Saiyed has submitted that the applicant is the father and he is trying to cooperate with the investigating agency as well as the complainant in tracing out the girl and, therefore, he is not involved. For which, he has referred to FIR and other papers in detail including the communication dated 16.05.2011 addressed to the Commissioner of Police giving details about his efforts.
Though the submissions have been made, as it transpires from the FIR, prima-facie the age of the girl is 15 years and the matter is required investigation for the alleged offences. Therefore, there is no justification to quash the complaint at this stage.
It is well settled that the Hon'ble Apex Court in catena of judicial pronouncement has made observations with regard to the limited scope of exercise of such discretion in care and circumspection including the observations made in case of Divine Retreat Centre Vs. State of Kerala & Ors., reported in AIR 2008 SC 1614. Therefore, in light of these observations and considering the nature of offences alleged, there is no justification to entertain this application exercising inherent jurisdiction under Section 482 of the Criminal Procedure Code. The present application, therefore, deserves to be dismissed in limine and stands dismissed.
Sd/-
(RAJESH H.SHUKLA, J.) /patil Top