Point of Law: Kidnapping, abducting or inducing woman to compel her marriage - Quash of FIR - While exercising the power under S. 482 of Code to quash criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impart on society, on ground that there is a settlement/compromise between victim and offender - This is a fit case where the inherent powers of the Court under section 482 of the Cr.P.C. could be exercised for securing ends of justice -

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 that she has on her own volition and free will entered into matrimonial ties and is staying with her husband and child at the matrimonial home. Mr. Pravin Gondaliya, learned advocate for the applicant, submitted that there is no allegation of offence under the POCSO Act, thus, prayed for quashing and setting aside the impugned FIR and the proceedings initiated pursuant thereof against the present applicant.

4. Mr. Gondaliya, learned advocate for the applicant, states that, though the notice was served upon the respondent no.2 – original complainant, he preferred not to appear in this matter. He submits that, it appears that the respondent no.2 has nothing to say now in terms of the FIR filed.

5. Ms. Monali Bhatt, learned Public Prosecutor, submitted that any First Information Report should be quashed in accordance with the guidelines of the Apex Court and the parameters laid down therein.

6. Heard Mr.Pravin Gondaliya, learned advocate for the applicant and Ms. Monali Bhatt, learned APP for the State. Along with the memo of petition, the affidavit of the daughter of the complainant, wife of the present applicant, copy of the marriage deed / ‘Nikah Karar’, is produced on record. From the above documents, it appears that the applicant and the daughter of the complainant had married in the year 2019 and have been residing together since then. The daughter of the complainant, wife of the present applicant, has stated in the affidavit that applicant has not committed any alleged offence and she has married the petitioner and residing happily with the applicant.

6.1 The report of the Circle Police Officer, District: Jamnagar is also on record and according to the report after the FIR was lodged under Sections 363 and 366 of IPC, ‘A’ Summary Report No.06/2019 came to be filed on 10.05.2019, and thereafter the present applicant was granted anticipatory bail by this Court on 19.07.2019 in Criminal Misc. Application No.13781 of 2019. As per the report, in pursuance of the order of this Court dated 27.01.2020, the statement of victim girl was recorded on 19.06.2018. As per the statement recorded, the present applicant abducted the girl and she was in love affairs with the applicant. She stated that she has married the applicant and had produced birth certificate of her child, ‘Nikah Karar’ and marriage certificate. The report is supported by the statement of the victim dated 24.02.2020 with notarized copy of the agreement of marriage, birth certificate of the child and victim girl, Adahar Card of the applicant and victim girl and the marriage certificate issued by ‘Kaji’.

7. It is true that the offences alleged against the present applicant under the Indian Penal Code are noncompoundable and that some of the offences could be compounded with the permission of the Court.