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2021 Supreme(Guj) 450

GITA GOPI
ALARAKHA HABIB DAFER – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR PRAVIN GONDALIYA
For The Respondent: NOTICE SERVED, MS MONALI BHATT

ORDER :

1. Rule. Ms. Monali Bhatt, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent Nos.1. Though served, no one preferred to appear on behalf of respondent no.2 – Original complainant.

2. This application has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being C.R. No.I-24 of 2018 registered with Dhrol Police Station, Dist.: Jamnagar for offfences punishable under sections 363 and 366 of the IPC and the proceedings initiated pursuant thereto.

3. Mr. Pravin Gondaliya, learned advocate for the applicant, submitted that the parties are of Mohammedan community. The father was not in favour of the relation between the applicant and his daughter, hence, a false complaint has been filed. Mr. Gondaliya stated that the daughter of the complainant and the applicant has already entered into marriage / ‘Nikah Karar’ and out of the said wedlock, the daughter of the original complainant, wife of the present applicant, has delivered a baby boy on 27.05.2019. The are happily married and there was no ill intention. He submitted that the daughter of the complainant has filed her affidavit to state tha

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