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Judgment
M.D. Shah, J.—Rule. Learned Addl. Public Prosecutor, Ms. M.L. Shah and learned advocate, Mr. Ashok N. Parmar, waive service of rule on behalf of the Respondent Nos. 1, 2 and 3 respectively.
The present application u/s 482 of the Code of Criminal Procedure has been filed for quashing of FIR registered as I.C.R. No. 13 of 2011 before Bavla Police Station, for the offences punishable under Sections 363 and 366 of IPC in pursuance of complaint filed by the Respondent No. 1-complainant.
Heard learned advocate, Mr. Girish D. Chavda for the Petitioner, learned Addl. Public Prosecutor, Ms. M. L. Shah for the Respondent Nos. 2 & 3 and learned advocate Mr. Ashok N. Parmar, for the Respondent No. 1.
The Respondent No. 1 alongwith his wife, who are parents of victim girl, are present before the Court. They have stated before the Court that engagement has taken place between present Petitioner alongwith their daughter. They have also stated before the Court that marriage will take place between present Petitioner alongwith their daughter and so now they have no grievance against the present Petitioner as their daughter is going to marry with present Petitioner.
It is submitted by the learned advocate for the Petitioner that matter is settled between the parties and now Respondent No. 1 - ori. complainant has no grievance against the present Petitioner and requests to quash the complaint. If criminal proceedings continues it will be a harassment to the present Petitioner and it will create hurdle in marriage, which will take place between the present Petitioner and victim girl.
It is submitted by the original complainant - Respondent No. 1 that the matter is amicably settled between the parties. An Affidavit dated 10.3.2011 of Respondent No. 1 - ori. complainant and an affidavit of mother of victim girl dated 10.3.2011 to this effect is also placed on record as Annexure-C and Annexure-D. The complainant has submitted that the matter is settled between the parties and the settlement is not under any duress. It is further submitted that now he has no grievance against the Petitioner.
Reliance is placed on a decision of the Apex Court reported in (2000) 10 SCC 10 in the case of Fazle Gaffar Khan and Ors. v. State of W.B. and Anr., wherein proceedings arising out of offence u/s 366 of IPC has been quashed. It has been held by the Apex Court in para 3 of the said judgment as under:
The Appellant faces criminal proceedings on a charge u/s 366 IPC on the allegation that he kidnapped a minor girl. On the basis of the first information report (FIR) the police took up the investigation and submitted a final form. A protest petition being by the complainant, the Magistrate treated it as a complaint and took cognizance. The accused moved the High Court u/s 482 Code of Criminal Procedure for quashing of the proceedings. The High Court having refused to quash the proceedings, the present appeal has been filed in this Court. An affidavit of the girl has been filed clearly stating therein that she was married to the Appellant-accused. In view of such affidavit, the Court had issued notice pursuant to which the State entered appearance, but the complainant did not make any appearance. In the light of the said affidavit of the girl admitting the marriage between her and the present Appellant and the statement made by Ms. Indira Jaising, learned Senior Counsel appearing for the Appellant that a child has been born, we think it in the interest of justice to quash the criminal proceedings.
Applying the ratio of the aforesaid decision of the Apex Court to the facts of the present case, I am of the opinion that no useful purpose would be served by permitting the criminal proceedings pending against the Petitioner to continue as it would be abuse of process of the Court.
In the result, this Cri. Misc. Application is allowed. The complaint being I.C.R. No. 13 of 2011 registered before Bavla Police Station, and the proceedings therein are required to be quashed and are accordingly quashed. Rule is made absolute. Direct service is permitted.