1.00. Present petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioner - original accused No.4 to quash and set aside the impugned First Information Report being CR No.I-197 of 2010 registered with Kamrej Police Station, Surat for the offences punishable under sections 363, 366 read with section 114 of Indian Penal Code.
2.00.
The respondent No.2 - original complainant has lodged the impugned First Information Report against the petitioner and others for the offences punishable under sections 363, 366 read with section 114 of Indian Penal Code alleging inter-alia that the daughter of the complainant has run away with one Mr.Piyush Ratilal Parmar on 9/11/2010 and since then both of them are not traceable. It is further alleged in the said First Information Report that before 10 days when it was found that her daughter visited house of elder sister of said Piyush named Hansaben Jayantibhai, who is residing just opposite to the complainant's house, and she called Hansaben Jayantibhai, Dharmeshbhai Jayantibhai and Yogitaben Mayankbhai (daughter of the Hansaben) at her residence and at that time the aforesaid persons told the complainant that they will see to it that the daughter of the complainant runs away and marries with the said Piyush. That Being aggrieved by and dissatisfied with the impugned First Information Report, the petitioner - original accused No.4 has preferred the present petition under section 482 of the Code of Criminal Procedure.
3.00. Mr.Saiyed, learned advocate appearing on behalf of the petitioner has submitted that as such the petitioner has not committed the offences punishable under sections 363, 366 read with section 114 of Indian Penal Code, as alleged. It is submitted that as such even from the bear reading of the impugned First Information Report it cannot be said that the petitioner has committed the offences punishable under sections 363, 366 read with section 114 of Indian Penal Code, and/or has taken any active participation in running away the daughter of the complainant with Mr.Piyush for marriage. It is further submitted that even on reading the averments and allegations in the impugned First Information Report, no case is made out against the petitioner herein for the offences alleged in the impugned First Information Report against the petitioner herein - original accused No.4. Therefore, it is requested to quash and set aside the impugned First Information Report so far as the petitioner herein is concerned.
4.00. Present petition is opposed by Mr.Parmar, learned advocate appearing on behalf of the original complainant. It is submitted that as such there are necessary averments and allegations in the impugned First Information Report against the petitioner and before 10 days, a threat was given by the petitioner also along with other persons that they will see to it that the daughter of the complainant runs away with Mr.Piyush and marries with him and the said threat has come true. Therefore, it is requested not to exercise powers under section 482 of the Code of Criminal Procedure and not to quash and set aside the impugned First Information Report at this stage.
5.00. Mr.L.B.
Dabhi, learned Additional Public Prosecutor appearing on behalf of the State has submitted that there are three statements similar to the allegations made in the First Information Report, however, as such as on today actually there is no material against the petitioner herein that she has taken any active participation on 9/11/2010 in running away the daughter of the complainant with said Mr.Piyush. It is submitted that as such the daughter of the complainant and Mr.Piyush are not traceable and things can be cleared only after statement of the daughter of the complainant is recorded. Therefore it is submitted that liberty be reserved in favour of the investigating officer / prosecution agency to arraign the petitioner as accused, in case, in future any material is available against the petitioner herein and it is found that the petitioner herein has taken any active participation in running away the daughter of the complainant with said Mr.Piyush and/or she has committed offences punishable under sections 363, 366 read with section 114 of Indian Penal Code, as alleged.
6.00. Heard the learned advocates appearing on behalf of the respective parties and considered the impugned First Information Report and averments and allegations against the petitioner herein. In the impugned First Information Report, except the allegation that before 10 days of filing of the First Information Report, her mother Hansaben Jayantibhai, her brother Dharmesh Jayantibhai gave threats that they will see to it that her daughter runs away with Mr.Piyush for marriage. However, there are no further averments and allegations against the petitioner herein in the impugned First Information Report that thereafter, the petitioner has actually taken any steps and/or participated in abducting and/or running away the daughter of the complainant with Mr.Piyush. This Court has also considered the investigation papers produced by the learned Additional Public Prosecutor for consideration of this Court and it appears that there is no further material on record that the petitioner has taken any active participation on or about 9/11/2010 in abducting and/or running away the daughter of the complainant with Mr.Piyush for marriage. Under the circumstances, to continue criminal proceedings against the petitioner at this stage would be unnecessary harassment to the petitioner herein more particularly when since last one and half years the daughter of the complainant and Piyush are not traceable. Under the circumstances, the impugned First Information Report can be quashed and set aside at this stage with a liberty in favour of the investigating officer / prosecution agency to arraign the petitioner herein as an accused, in case, in future during the course of investigation, it is found that the petitioner has also taken any active participation in running away the daughter of the complainant and/or has played any active role in commission of the offences under sections 363, 366 read with section 114 of Indian Penal Code.
7.00. In view of the above and for the reasons stated above, present petition succeeds. The impugned First Information Report being CR No.I-197 of 2010 registered with Kamrej Police Station, Surat is hereby quashed and set aside so far as the petitioner herein named Yogitaben Mayankbhai Sailor is concerned. However, it is observed that in future and during the course of investigation if it is found by the investigating officer that the petitioner has also taken any active participation in running the daughter of the complainant with Mr.Piyush and/or has taken any part in commission of the offences punishable under sections 363, 366 read with section 114 of Indian Penal Code, the petitioner can be arraigned as an accused. Rule is made absolute to the aforesaid extent.
[M.R.
SHAH, J.] rafik Top