Point of Law: Quashing of Criminal proceedings- Conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes

ORDER :

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

2. This petition has been filed under Article 226 of the Constitution of India as well as Section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being C.R. No.I-157 of 2018 registered with Vadaj Police Station, Dist.: Ahmedabad for offences punishable under sections 363 and 366 of the IPC and the proceedings initiated pursuant thereto.

3. Ms. Shivangi M.Rana, learned advocate for the petitioner, submitted that the F.I.R. was lodged on 12.07.2018 against the present petitioner alleging that on 11.07.2018, daughter of the original complainant – respondent no.2, Sejalben had left from her home for work and as she did not return, the sister of respondent no.2 inquired at her office and it came to her knowledge that Sejalben had not attended the office and thereafter they started searching of her, but despite various efforts, she could not be located. Ms. Rana submits that the daughter of respondent no.2 was in a relationship with the present petitioner and as alleged, the petitioner lured the daughter of respondent no.2. She submits that the daughter of the original complainant had accompanied the petitioner on her free will and volition. They were in love relationship with each other. The present petitioner and the daughter of the respondent no.2 went to Jodhpur and got married according to the Hindu rites and rituals on 13.12.2018.

4. Ms. Shivangi M.Rana, learned advocate for the petitioner, submitted that the daughter of the original complainant did not support the version of prosecution. She addressed a representation to the Superintendent of Police, Palanpur, stating that she has married petitioner on her own free will and desire. Ms. Rana submits that the daughter of the original complainant also executed an affidavit stating that she has entered into marriage with the petitioner out her own free will and consent and is peacefully residing with the petitioner, and a false complaint is registered with a view to harass the petitioner.

5. Ms. Shivangi M.Rana, learned advocate for the petitioner states that, though the notice was served upon the respondent no.2 – original complainant, he preferred not to appear in this matter. She submits that, it appears that the respondent no.2 has nothing to say now in terms of the FIR filed, thus, prayed for quashing and setting aside the impugned FIR and the proceedings initiated pursuant thereof against the present petitioner.

6. 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.

7. Heard Ms. Shivangi M.Rana, learned advocate for the petitioner and Ms. Monali Bhatt, learned APP for the State. Along with the memo of petition, the affidavit of the daughter of the original complainant - wife of the present petitioner, copy of the marriage certificate, are produced on record. From the above documents, it appears that the petitioner and the daughter of the complainant had married on 13.12.2018 and the marriage certificate in that regard has been issued by ‘Arya Samaj Pabupura, Jodhpur, and have been residing together since then. The daughter of the complainant, wife of the present petitioner, has stated in the affidavit that applicant has not committed any offence as alleged and she has married the petitioner out of her free consent and without any threat or coercion and residing happily with the petitioner.

7.1 It appears that the daughter of the original complainant and the petitioner have preferred S.B. Criminal Misc. (Pet.) No.4707/2018 before the Rajasthan High Court at Jodhpur, for providing adequate security and protection to them on the ground that they having been faced grave threat of life and