JUDGMENT :

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

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 seeks to invoke the inherent powers of this Court praying for quashing of the first information report being C.R. No.I-193 of 2017 registered before the Sarthana Police Station at Surat for the offence punishable under section 363 of the IPC.

4. The case of the prosecution 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 uncle of the girl stating that on 26.09.2017, when his niece Urvashi @ Gopi did not come for lunch, the complainant asked his mother Liliben about Urvashiben whereupon his mother told him that Urvashi went down for getting his Dupatta which fell down. Thereafter, when more time had been passed and yet his niece did not return back, they started searching the whereabouts of his niece. The complainant also called his brother-in-law and inquired as to whether Gopi reaches there, whereupon, the brother-in-law informed the complainant that Gopi did not reach there. Thereafter, they tried for a whole day to find out the whereabouts of his niece, however, they could not get success. It is also alleged in the complaint that almost six months ago, his niece eloped with one unknown person and returned back to her parental home after some time. Thus, having strong apprehension of his niece being kidnapped by an unknown person, the present FIR has been filed against an unknown person.

5. Learned advocate Mr. Harsh Joshi for learned advocate Mr. Hiren Modi appearing for the applicant has submitted that the complainant happens to be the uncle of the victim girl, namely, Urvashi @ Gopi who has filed the impugned FIR against an unknown person levelling allegations of kidnapping and abduction. It is submitted that the applicant and the victim developed intimacy and fell in love with each other and one fine day ran away from their respective houses as the father of the girl was against their marriage. Learned advocate Mr. Joshi has also submitted that thereafter the the applicant and the complainant got married with each other on 10.09.2018 and the said marriage was also registered before the Registrar of Marriage, Surat, a certificate to that effect is also annexed along with the memo of the application. It is further submitted that as soon as the applicant came to know about the registration of the impugned FIR, he immediately approached this Court and obtained order of stay on the ground that on the date of the incident, the victim girl was underaged by few months, however, subsequently they got married to each other. Learned advocate Mr. Joshi has further submitted that at the earlier point of time also, the father of the girl also filed an FIR against the applicant being C.R. No.I-110 of 2017, pursuant to which, the applicant preferred a quashing application being Criminal Misc. Application No.20082 of 2017. However, as the matter was subsequently settled, a Coordinate Bench of this Court allowed the application of the applicant and quashed the FIR. Learned advocate Mr. Joshi has also submitted that it is true that on the date of the incident, the girl was short of 18 years, however, she on her own will and volition, eloped with the applicant-accused for getting married with him as they both were in deep love with each other. The girl eloped with the applicant due to the fear of her father of not accepting their relationship. It is further submitted that the applicant and the victim girl have already been married to each other and are living happily as husband and wife. Learned advocate Mr. Joshi has also submitted that even if the entire case of the