Shambhubhai Babubhai Vaghela vs State of Gujarat and Others

R.M. Chhaya, J.—By way of this application u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicants have prayed for quashing the First Information Report registered as CR No. I-20 of 2011 with Changodar Police Station, District Ahmedabad for the offence punishable under Sections 363 and 366 of the IPC. It is alleged by respondent No. 2 - first informant in the impugned FIR that on 16.1.2011, the first informant and his wife had gone to market for shopping leaving behind their children i.e. two daughters and two sons at home. It is alleged that on returning from the market and on making inquiry from the elder daughter Gayatri, it reveals that the younger daughter Jayshree was not at house. It is alleged that even though attempts were made to call her on her Mobile number, the first informant could not contact his daughter Jayshree. It further reveals from the impugned FIR that the first informant could not find out his daughter and therefore, on the next day i.e. on 17.1.2011, he intimated the police about missing of her daughter Jayshree.

The FIR further reveals that on 1.2.2011, the first informant was informed by one Ranchhodsinh Deepsinh Chauhan that on 16.1.2011 at about 03:00 p.m., he had seen daughter of the first informant on a motor-bike bearing RTO registration No. GJ-1-LN-8494 going outside the village. It is alleged in the FIR that the date of birth of the daughter of the first informant being 15.4.1993, the applicant herein abducted the daughter of the first informant on the motor-bike with an intent and to compel her to marry the applicant against her will and has, thus, abducted the minor daughter of the first informant from the lawful custody of the first informant as a father/guardian. On the basis of these factual allegations levelled against the applicant, the impugned FIR came to be lodged by the police.

Mr. H.B. Champavat, learned advocate for the applicant, at the outset, submitted that the allegations levelled in the FIR are false and even though the same is taken on its face value, the same does not constitute any offence, as alleged. The learned advocate for the applicant, relying upon the school leaving certificate of the daughter of the first informant, submitted that the date of birth of the daughter of the first informant - Jayshree is 15.4.1993. It is further submitted that on attaining majority, the present applicant and the daughter of the first informant have married under Hindu rites and rituals and therefore, the marriage is also registered under the Gujarat Registration of Marriages Act, 2006, which is evident from the photo-copy of the marriage certificate at Annexure-C to the application. It is further submitted that the allegations levelled in the FIR are false on the face of it and the daughter of the first informant on attaining majority has married the applicant, as aforesaid, and has also filed an affidavit dated 13.3.2012. It is further submitted that the applicant and the daughter of the first informant lead a happy married life as husband and wife and are parents of a baby girl born on 22.11.2013. It is, therefore, submitted that only because of the fact that the first informant, as father of the girl did not like the match and the relations between the applicant and the daughter of respondent No. 2, he has filed the present FIR only in order to harass the present applicant. It is submitted that the impugned FIR is false and frivolous and the same amounts to abuse of process of law and Court. It is, therefore, submitted that in order to secure the ends of justice and to protect the marriage between the applicant and the daughter of the first informant, this Court may exercise its inherent powers conferred u/s 482 of the Code and quash the complaint.

Mr. Alkesh N. Shah, learned Additional Public Prosecutor for the respondent-State Government submitted that prima facie no offence, as alleged, is culled out, more particularly, considering the fact that on attaining majority, the applicant and the daughter of the first informant - Jayshree have already married and they lead a happy married life together. It is pointed out that considering the photo-copy of the birth certificate submitted today by the learned advocate for the applicant, the applicant and the daughter of the first informant have become parents of a baby child born on 22.11.2013 and therefore, this Court may pass appropriate orders.

Mr. Ashish Dagli, learned advocate for respondent No. 2 - first informant submitted that the FIR does disclose the offence, as alleged, and though the daughter of the first informant was minor, the applicant has married the daughter of the first informant - respondent No. 2 and therefore, this Court may not exercise its inherent powers conferred u/s 482 of the Code.

No other or further submissions are made by the learned advocates appearing for the parties.

Having heard the learned advocates appearing for the respective parties, it is an admitted fact that on attaining majority, the applicant and the daughter of the first informant have married and at present, both the applicant and daughter of the first informant are staying as husband and wife together. It is clear that the allegations levelled in the FIR are frivolous and vexatious. Considering the affidavit placed on record of the daughter of the first informant, it clearly transpires that the daughter of the first informant voluntarily left the parental house and therefore, even if the FIR is read as it is, the same does not constitute any offence punishable under Sections 363 and 366 of the IPC.

At this juncture, it may be appropriate to refer to the judgment of the Hon''ble Apex Court in the case of Lata Singh Vs. State of U.P. and Another, wherein it has been held as under:--

The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severally punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such treats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.

It is also appropriate to refer to the case of the Hon''ble Apex Court in the case of Sangita Rani (Smt.) alias Mehnazjahan v. State of Uttar Pradesh & Anr., reported in : 1992 Supp (1) SCC 715, wherein it has been observed thus:--

That, in a situation where both the spouse are major, and there has been a valid marriage in accordance with law, and both of them are living together, the marriage should be sustained and nothing should be allowed to happen which would affect that position. The Supreme Court had, in the facts of the said case, cautioned the parents to accept the situation and create no problem for the petitioner and her husband. It was observed that, ordinarily, the Court does not interfere at investigation stage in a criminal matter, but in the special facts indicated therein, it would be necessary to quash the pending investigation initiated by the father of the petitioner.

Considering the aforesaid facts and circumstances, on perusal of the record of the application, having considered the submissions made by the learned advocates appearing for the respective parties as well as considering the ratio laid down by the Hon''ble Apex Court in the above-referred decisions, it appears that any further continuance of the criminal proceedings against the applicant would be unnecessarily harassment to the applicant and the same would work detrimental to the happy married life and also affects the life of the newly born child and therefore, it is eminent that the valid marriage between the applicant and the daughter of the first informant, who are major and living together, should be sustained. It also appears that any further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and Court and hence, in order to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of inherent powers of this Court conferred u/s 482 of the Code. Resultantly, therefore, the application is allowed. The FIR bearing CR No. I-20 of 2011 registered with Changodar Police Station, District Ahmedabad and all other consequential proceedings arising out of the aforesaid FIR are hereby quashed and set aside. Rule is made absolute.