1.0 Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants hereinoriginal accused to quash and set aside the impugned complaint being Inquiry Case No.136 of 2009 filed by the respondent no.2 hereinoriginal complainant for the offences punishable under Sections 344, 347, 363, 366, 504, 506(2) and 114 of the Indian Penal Code.
2.0 That the respondent no.2 herein original complainant has lodged the impugned private complaint against the applicants being Inquiry Case No.136 of 2009 in the Court of learned Chief Judicial Magistrate, Jamnagar for the offences punishable under Sections 344, 347, 363, 366, 504, 506(2) and 114 of the Indian Penal Code alleging inter alia that respondent no.3 herein wife of the original complainant has been kidnapped and / or abducted. That in the said complaint, the learned Magistrate has passed an order for police investigation under Section 156(3) of the Code of Criminal Procedure. At that stage, the applicants have preferred the present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure to quash and set aside the impugned proceedings.
3.0 Shri Tolia, learned advocate for the applicants has submitted that as such the applicants have not committed any offences as alleged. It is submitted that as such respondent no.3 wife of the respondent no.2 hereinoriginal complainant has left the house of the original complainant voluntarily and even the affidavit to that effect has been filed by the applicants herein. Therefore, it is requested to quash and set aside the impugned complaint/ criminal proceedings.
4.0 Shri Goswami, learned advocate has appeared on behalf of the respondent no.3 herein who was alleged to have been kidnapped and / or abducted by the applicants. He has also stated at the bar under the instructions from respondent no.3 that in fact she has left the house of the original complainant voluntarily due to harassment by him and that the applicants have not committed any offence of kidnapping and / or abducting the respondent no.3. An affidavit in reply to that effect is also filed by respondent no.3.
5.0 Shri Dabhi, learned APP appearing on behalf of the State under the instructions from the concerned Investigating Officer has stated at the bar that by and large the investigation has been concluded and the report shall be submitted before the learned Magistrate considering the aforesaid facts and circumstances of the case.
6.0 In view of the above, Shri Tolia, learned advocate for the applicants seeks permission to withdraw the present application at this stage. The concerned Investigating Officer is directed to act as stated above and submit an appropriate report before the concerned Magistrate within a period of two weeks from today and as and when such report is submitted, the learned Magistrate is directed to consider the same in accordance with law and on merits. With this, present application is dismissed as withdrawn at this stage. Rule discharged. Adinterim relief granted earlier, if any, stands vacated forthwith.
kaushik sd/ (M.R.SHAH,J.)