R/SCR.A/4515/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 4515 of 2016
VIMALKUMAR BHARATBHAI KATARA 1….Applicant(s)
Versus
STATE OF GUJARAT 3….Respondent(s)
Appearance:
KUMAR H TRIVEDI, ADVOCATE for the Applicant(s) No. 1 – 2
MR.DARSHAN A. DAVE, ADVOCATE for the Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 3 – 4
MR DHARMESH DEVNANI, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 19/12/2017
ORAL ORDER
1 Rule returnable forthwith. Mr. Dharmesh Devnani, the learned
APP waives service of notice of rule for and on behalf of the respondents
Nos.1, 3 and 4. Mr. Darshan Dave, the learned advocate has entered
appearance on behalf of the respondent No.2 original first informant
and waives service of notice of rule.
2 By this writ application under Article 226 of the Constitution of
India, the writ applicants have prayed for the following reliefs:
“10(A) To quash and set aside the impugned complaint being CR.
No.I8 of 2016 dated 1712016 lodged with Shamalaji Police Station,
District Aravalli qua the petitioner No.1.
(b) Pending hearing and final disposal of the petition be pleased to stay
the investigation of the impugned complaint being C.R. No.I8 of 2016
dated 1712016 lodged with Shamalaji Police Station, District Aravalli
Page 1 of 4
HC-NIC Page 1 of 4 Created On Tue Dec 19 23:32:29 IST 2017
R/SCR.A/4515/2016 ORDER
qua the petitioner No.1.
(c) To direct the respondent authorities to provide police protection to
the petitioners by considering the representation dated 1362016 at
Annexure D;
(d) To direct the respondent authorities to ensure that preventive steps
are taken so that the petitioners are no t harassed, threatened nor any act
of violence being committed against them by the relatives of the petitioner
No.2;
(e) To grant any other appropriate and just relief/s.”
3 On 8th August 2016, a Coordinate Bench of this Court has passed
the following order:
1. “The petitioner no.1 is 19 ½ years old studying in Second Year B.Com
in S.S. Mehta Arts and Commerce College at Himmatnagar whereas the
petitioner no.2 is 18 years old, studying in First Year B.A. in M.M.
Chaudhary Arts College at Rajendranagar. The Petitioners are before this
Court seeking quashment of the complaint being IC.R. No. 8 of 2016
dated 17.01.2016 lodged with Shamlaji Police Station, District Aravalli
and also for protection to be provided to them by the Police considering
their Representation dated 13.06.2016.
2. Both the petitioners were engaged nearly for a period of 4 months and
later on due to intervention of elders of community, the engagement was
broken. By then the petitioners had chosen to spend their lives together
and, therefore, they eloped. This complaint came to be lodged by the
mother of the victim. Both of them have not attained marriageable age as
the petitioner no.2 is 18 years old, while the petitioner no.1 is yet to
complete 21 years. In the representation made to the DSP, it is clearly
mentioned that they have not contracted the marriage and there is no
physical relationship. However, they have chosen to stay together as
friends. It emerges from the representation given to the DSP that the
prosecutrix has chosen to leave her parents and joined the petitioner no.1.
Prima facie there does not appear any substance qua allegations under
Section 363 and 366 of the IPC.
3. Issue Notice, returnable on 26.08.2016. Learned APP waives service of
Page 2 of 4
HC-NIC Page 2 of 4 Created On Tue Dec 19 23:32:29 IST 2017
R/SCR.A/4515/2016 ORDER
notice for and on behalf of respondent no.1.
4. In the meantime, the Police Inspector, Shamlaji Police Station, in
consultation with the DSP, Aravalli, shall provide protection to both the
petitioners. No coercive steps shall be taken against the petitioner no.1.
The length of their protection shall be determined by the concerned
authority bearing in mind the ground reality.
5. Direct service permitted to the rest of the respondents through the
concerned police station.”
4 The respondent No.2 – original first informant is present in the
Court today along with her daughter namely Jinkal Gameti. The
applicant No.1 – Vimalkumar Bharatbhai Katara is personally present in
the Court today. It is pointed out to me that the applicant No.1 has got
married with the applicant No.2. The marriage certificate is placed on
record. The respondent No.2 – original first informant and the mother of
Jinkal Gameti confirm about the marriage of her daughter with the
applicant No.1. The respondent No.2 does not want to proceed further
with the First Information Report.
5 In such circumstances, this application is allowed. The First
Information Report bearing C.R. No.I8 of 2016 registered with the
Shamalaji Police Station, District: Aravalli for the offence punishable
under Sections 363 and 366 of the Indian Penal Code and Section 12 of
the Protection of Children from Sexual Offences Act, 2015 is quashed.
Consequently, all further proceedings pursuant thereto stand terminated.
6 The certificate of registration of marriage shall be kept with the
record of this case.
7 Rule is made absolute. Direct service is permitted.
Page 3 of 4
HC-NIC Page 3 of 4 Created On Tue Dec 19 23:32:29 IST 2017
R/SCR.A/4515/2016 ORDER
(J.B.PARDIWALA, J.)
chandresh
Page 4 of 4
HC-NIC Page 4 of 4 Created On Tue Dec 19 23:32:29 IST 2017
