Rule.
Learned APP Mr.J.K.Shah and learned Advocate Mr.Hemant B. Rawal waived service of rule on behalf of the respective respondents Nos.1-3 and 4.
Petitioners Nos.2 and 3 are original accused, in the complaint lodged by the respondent No.4 bearing C.R.No.I-307 of 2010 registered with the Vejalpur Police Station. They want that said complaint be quashed on various grounds. Said complaint has been lodged by the respondent No.4, who is father of the petitioner No.3. In the complaint, he has alleged that his daughter committed theft from the house by taking away certain valuable articles, such as, gold ornaments and cash. Petitioner No.2 is shown to have abetted such offence.
From perusal of the documents, however, it clearly emerges that the daughter of the complainant had married petitioner No.2 who belongs to another religion. Complainant is, therefore, highly agitated and unhappy about such inter-religion marriage. Petitioner No.1 had previously instituted the present petition with sole relief for recording statement of the girl at residence instead of calling her at Police Station. She had voiced grievance that the girl would be ill-treated.
On 28.09.2010 when the petitioners were present before the Court, it was pointed out to him that relatives of the girl were also present and they were creating troubles and may even abduct the girl. I had requested the learned APP to provide full police protection and to ensure that they are safely transported to their residence. Following portion of the order dated 28.09.2010 needs to be reproduced.
Counsel for the petitioners further stated that the relatives of the girl are present in the court and are likely to create trouble and may even abduct the girl. Whereupon, I had requested the learned APP to secure presence of the Investigating Officer of the concerned Police Station. PI, Mr.Malek is present before the Court. He is directed to provide police protection to the petitioners and to ensure that they are transported safely from the High Court to their residence or any suitable place that they may indicate. Danilimda Police Station where the petitioners are residing shall also make suitable arrangements for the safety of the petitioners. For this purpose, if they make an application, the same shall be considered.
From the above developments and from the averments made in the petition and the documents annexed along with the petition, so also, the allegations contained in the impugned complaint, unfailingly it emerges that the complainant - father of the girl - petitioner No.2 is extremely perturbed and highly agitated on account of her marriage with the person belongs to different religion and that too against wish of the father. It is not in dispute that the petitioner No.2 is a major aged about 24 years. Her birth-certificate is produced on record. Under the circumstances, she had free choice to enter into a contract of marriage with any other person who is of marriageable age. Even the father could not objected to her action of her daughter. Obviously, because the father could not lodge a complaint of kidnapping and abduction since the girl was major and voluntarily left the house at own volition, father found a different, if not so a novel method to involve police agency in trying to bring back custody of the girl, he filed present complaint making wild allegations against his daughter - petitioner No.3 of having stolen the valuable property to join with her prospective husband who is also alleged to have abetted commission of such offence. In the complaint itself, there is absolutely no indication as to how the petitioner No.2 has abetted commission of such offence except for bare statement that he being friend instigated her to do so, there is no other allegation. One more indication to demonstrate that the father was out to involved not only his daughter but her friend for some vague and baseless allegations to ensure that police machinery is utilized to arrest them and some how bring back custody of the girl which is legally can not be claimed before any Court of law or authority.
Looking from this angle, it becomes clear that allegations in the complaint are inherently improbable made only with a view to somehow nab his daughter and her friend by using police machinery. With the assistance of learned APP for the State, I have also perused the papers of investigating agency who within time available with them has not been able to gather any slightest evidence to suggest that allegations are relevant and believable. Under the circumstances, permitting further investigation and trial into such accusation would amount to misuse of State machinery and abuse of process of Court. Such abuse can not be permitted.
In the result, the petition succeeds. Complaint lodged by the respondent No.4 bearing C.R.No.I-307 of 2010 registered with the Vejalpur Police Station is, therefore, quashed.
Rule is made absolute to the aforesaid extent.
( AKIL KURESHI, J. ) kailash Top