IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DOMESTIC VIOLANCE ) NO. 5430 of 2024 ==========================================================

SOHANSINGH AMARSINGH THAKUR Versus STATE OF GUJARAT & ANR.

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Appearance:

MR VANDAN K BAXI(5863) for the Applicant(s) No. 1 NANAVATI & NANAVATI(1933) for the Applicant(s) No. 1 for the Respondent(s) No. 2 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 06/05/2024

ORAL ORDER

1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicant has prayed to quash and set aside the Criminal Misc. Application No.J/1673/2024, which is pending before the Court of learned 5^th Additional Civil Judge & JMFC, Ahmedabad (Rural) and all the consequential proceedings arising therefrom.

2. Heard Senior Advocate Mr.Sudhir I. Nanavati assisted by learned advocate Mr.Vandan K. Baxi with learned advocate Mr.Vaibhav Shukla with learned advocate Mr. Parth Contractor with learned advocate Ms.Janki Jadeja for the petitioner and learned APP Mr.Manan Mehta for the respondent-State.

3. It appears from the record that the present petitioner is the husband of the complainant. It appears that the marriage of the petitioner and complainant was solemnized on February 18, 2014, and out of their marriage, one son was born. The complainant forcefully took the son away from the petitioner and has kept him in her custody. It appears that due to differences between them, the petitioner filed a divorce petition in Thane, Maharashtra, on February 5, 2024, and subsequently, the present impugned complaint was filed as a counter-blast on March 12, 2024. It also appears that prior to that, an email was sent to the complainant by the present petitioner, wherein it is clearly discussed that the petitioner forwarded the draft of consent terms and conditions. The learned advocate for the petitioner assures this Court that the present petitioner is ready and willing to cooperate with the investigation.

4. It is submitted that petitioner has nothing to do with the offence and allegation. After the marriage of present petitioner and respondent No.2, the respondent No.2 herself left her matrimonial home and returned to her parental home and prior to one year of lodgment of complaint, the present respondent No.2 resides at the parental home.

5. Considering the aforesaid fact, the present petition deserves consideration.

6. Rule, returnable on 25.06.2024. Learned APP waives service of notice of rule on behalf of respondent-State. Private respondent to be served through concerned Police Station.

Meanwhile, there shall be ad-interim relief in terms of para 9(c) till the next date of hearing.

Direct service is permitted.

(HASMUKH D. SUTHAR,J)

KUMAR ALOK