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2024 Supreme(Guj) 413

DIVYESH A. JOSHI
Vijaykumar Vitthalbhai Mathukiya – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR VAIBHAV A VYAS
For the Respondent: MR HARDIK S SONI

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

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