IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (DIRECTION) NO. 28675 of 2017
In CRIMINAL MISC.APPLICATION NO. 14157 of 2017
HASUMATIBEN RAMESHBHAI SOLANKI….Applicant(s)
STATE OF GUJARAT 1….Respondent(s)
MR.MRUDUL M BAROT, ADVOCATE for the Applicant(s) No. 1
NISARG N JAIN, ADVOCATE for the Respondent(s) No. 2
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 01/12/2017
1. This is an application filed by the respondent no.2 of the main
matter i.e. the original first informant praying for the following reliefs:
7(A) be pleased to direct the respondent no.1 – Investigating Agency to
give the custody of her daughter Dimple to the present appalicant in
the interest of justice;
(B) to allow this application in terms of prayer (A) herein and to pass
such other and further orders necessary in the interest of justice;
2. The main matter i.e. the Criminal Misc. Application No.14157 of
2017 has been filed by the original accused viz.Arjun Kishanbhai
Solanki. It appears that the applicant herein lodged an FIR dated
20/05/2017 for the offence punishable under Sections363 and 366 of
the IPC. The allegations in the FIR are that the accused abducted the
daughter of the first informant viz.Dimple, aged 16 years 07 months
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from lawful guardianship of her parents.
3. It appears that in the main matter, the following order was passed
Issue notice, returnable on 05.07.2017. Ms. Shruti Pathak, learned
APP waives service of notice for the respondent State.
In the meanwhile, no coercive steps to be taken against the applicant
in connection with this FIR till the returnable date.
4. Thereafter, time to time, the matter was being adjourned and the
adinterim relief, which was earlier granted, was ordered to be
5. On 09/08/2017 the following order was passed:
1. Mr.L.B.Dabhi, learned Additional Public Prosecutor has placed a
xerox copy of the statement recorded today of the daughter of the
complainant namely Dimple, who is aged about 16 years 11 months.
As per her statement, she is willing to go with the applicantaccused
since she was forced by her parents to marry with the person, who is
aged about 50 years. She is residing with the applicant after leaving
her parental home.
2. Considering the age of the prosecutrix, in my opinion, following
order would meet the ends of justice:
Rule returnable on 06/11/2017. Mr.L.B.Dabhi, learned Additional
Public Prosecutor waives service of Rule on behalf of the respondent
State. Investigating Agency is hereby directed to send Dimple, daughter
of the original complaint to Nari Saurakshan Gruh, Nizampura,
It would be open for the Investigating Agency to proceed further with
the investigation, including medical examination of the prosecutrix.
Copy of this order shall be handed over to learned Additional Public
Prosecutor for further action.
6. Pursuant to the order dated 09/08/2017 referred to above,
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Dimple i.e.the daughter of the first informant was sent to the Nari
Saurakshan Gruh, Nizampura, Vadodara. Dimple appears to be in love
with Arjun. Dimple has no idea about the legal implications of this
relationship. Dimple is minor as on date. Even if she wants to get
married with Arjun, the law does not permit her. Dimple has an
apprehension that her mother i.e. the first informant may force her or
compel her to get married to some other boy. She has a very anxious
apprehension in her mind. The fear in mind is that her mother is likely
to get her married with a 50 years’ old man. This fear expressed by
Dimple was something very disturbing. In such circumstances, in this
application the following order was passed on 30/11/2017:
The Police Officer of the Bapod Police Station, Vadodara is directed to
produce Dimple before this Court tomorrow without fail. Dimple as on
date is in the Nari Saurakshan Gruh, Nizampura, Vadodara. One
responsible officer from the Nari Saurakshan Gruh shall accompany
with Dimple tomorrow while remaining present before this Court.
Post this matter on 01/12/2017.
A copy of this order be provided to Ms. Thakkar, the learned
APP today itself for its onward communication.
7. Today Dimple is here before this Court. Ms. Minakshiben Der
serving as the Superintendent of the Institution is also present in the
Court. The mother of the Dimple i.e. the first informant viz.Hasumatiben
Rameshbhai Solanki is also present in the Court.
8. Ms. Thakkar, the learned APP had a talk with all the three ladies.
The apprehension in the mind of Dimple that she may be forced and
compelled to get married with a 50 years’ old man does not appear to be
well founded. The mother makes herself very clear that nothing of that
sort is there. On the contrary, the mother submitted that Arjun is
residing just next to their house. Arjun happens to be their neighbour.
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Being the neighbour, Arjun and Dimple developed intimacy for each
other. However, the mother is quite firm that as her daughter is minor,
there is no question of getting her married to Arjun.
9. I inquired with Dimple whether she would like to go back to her
home or not. According to Dimple, if there is going to be no harassment
at the end of her mother and other family members, then she would like
to go back to her home. She wants an assurance from her mother that
she would not object to her marriage with Arjun. The mother says that
as soon as Dimple attains the age of majority, she would think about her
marriage with Arjun and initiate the talks.
10. I am of the view that Dimple should go back to her parental home.
As she is very much present in the Court today, I permit her to go to her
home alongwith the mother i.e.Hasumatiben Rameshbhai Solanki, who
is also present in the Court. The Officer of the Nari Saurakshan Gruh,
Nizampura, Vadodara has also taken note of this order, which is passed
today. The mother i.e.Hasumatiben Rameshbhai Solanki is requested to
handle the situation carefully. She is requested that ensure that no
undue harassment is caused to Dimple in any manner in this regard. I
am of the view that time would be the best healing factor in this matter.
So far as the main matter is concerned, i.e. filed by Arjun, the
same will be heard on its own merits. This application is accordingly
disposed of. Direct service is permitted.
A copy of this order be provided to Ms. Minakshiben Der, the
Superintendent of the Nari Saurakshan Gruh, Nizampura, Vadodara so
that the order can be kept with the record.
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