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2016 Supreme(Guj) 1248

S.G.SHAH
Subhashchandra I. Parmar – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Pratik B. Barot, Advocate.
For the Respondent: Manan Mehta, APP.

JUDGMENT :

S.G. Shah, J.

1. Rule. Service of rule is waived by Mr. Manan Mehta, Ld. APP and Mr. Hardik Dave, Ld. Advocate for respondent Nos. 1 and 2 respectively.

2. Heard Learned advocates for the parties and perused the record.

3. Considering the fact that the matter is pending for admission since 2011, it has been taken up for final hearing with the consent of learned advocates for the parties, more particularly when interim relief is operating since last five years against further proceedings of criminal trial and thereby some proceedings are pending though the subject matter is quite clear, whereby the complaint certainly needs to be quashed at-least qua present petitioner if at all not for all the accused shown in the FIR.

4. The petitioner herein is holding license under Indian Christian Marriage Act, which authorizes him to solemnize and grant certificate of marriage. Pursuant to such license, it seems that the petitioner has issued a marriage certificate in favour of one Pinakin Divyakant Macwan and Vishruti, daughter of the complainant - Anilkumar Shukla when they claimed that they have got married. However, it seems that since Pinakin Macwan is a Christian, whereas Vishruti




















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