IMPORTANT POINT
If a minor voluntarily leaves the guardianship and joins someone without inducement or pressure, no offence under Section 363 IPC is made out if the girl is aged more than 17 years and is mature enough to understand her actions.

ORDER :

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent no.2.

2. The respondent no.2, although served with the notice issued by this Court, has chosen not to remain present either in person or through an advocate and oppose this application.

3. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant-original accused seeks to invoke the inherent powers of this Court praying for quashing of the proceedings of the F.I.R. being C.R. No.I-317 of 2018 registered with the Varachha Police Station, Surat, for the offence punishable under Sections-363 of the I.P.C.

4. The case of the prosecution in nutshell may be summarized as under:-

4.1 The impugned FIR has been filed by the respondent no.2 – original complainant, who happens to be the father of the girl stating that on the date of incident i.e. on 06.09.2018 at around 09:00 a.m. the complainant had gone to drop her daughter at Pratibimb Studio situated at Varachha Super Diamond Building as she was working there. Thereafter, the complainant returned back to his home. Thereafter, at around 11 o’clock, the elder sister of the complainant residing at Varachha Matavadi informed the complainant that she received a phone call of one Nileshbhai from Pratibimb Photo Studio who told her that photos of your grandson are ready and therefore, I asked him to give phone to Jinal working in your shop, upon which, he told me that Jinal is on leave. Therefore, the complainant told her sister that he himself had gone to drop her at studio at 9:00 a.m. Thereafter, the complainant and his wife went to the Pratibimb Photo Studio and at that time, Nileshbhai made a phone call on the mobile of jinal and asked her where is she. At that time, the victim girl replied that she was at her own home and cut the phone. Thereafter, the complainant called her daughter on mobile, but the mobile phone of her daughter was switched off. The complainant tried to search out his daughter at nearby area as well as at the house of her friends. Thereafter, at 6:00 o’clock in the evening, the victim girl called the complainant on mobile phone and told him that they do not try to find out her. Thus, having strong apprehension of his daughter being kidnapped by an unknown person, the present FIR has been filed against an unknown person.

5. Mr. Smit Vaghela, learned advocate appearing on behalf of Mr. Vaibhav Vyas, learned advocate for the applicant submits that as per the case of the prosecution, on 06.09.2018 the complainant’s daughter had gone on her job and after certain period of time, when he made a phone call to the employer of the girl, at that point of time, the employer informed that the girl did not come to the office, therefore, the complainant tried his level best to find out her the whereabouts of her daughter, but the complainant could not able to trace her out. Thereafter, the complainant came to know that somebody has abducted her daughter and therefore, criminal complaint in that regard is registered before the concerned police station. Pursuant to the registration of the said FIR, the investigation had also been commenced.

6. Learned advocate Mr. Smit Vaghela further submits that as the complainant’s daughter has come with the present applicant-accused, he has immediately approached the concerned Sessions Court by way of preferring anticipatory bail application, which was eventually considered by this Hon’ble Court. Thereafter, the victim girl was called by the Investigating Officer time and again to record her statement, but on the said day, when this so-called incident occurred, the present applicant and the victim girl has solemnized their marriage at Kamnath Mahadev Temple, A.K. Road, Surat in the presence of relatives and on the strength of the solemnization of the marriage, a marriage certificate is also issued by the Registrar (Marriage), East Zone, Surat, wherein, it is stated in categorically terms that they ha