Bhumiben vs State Of Gujarat &

1. Rule returnable forthwith. Mr. N.J. Shah, the learned APP, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. B.S. Khatana, the learned advocate, waives service of notice of rule for and on behalf of the respondent No.2-original first informant.

2. By this application under section 482 of the Code, the applicant, aged 18 years, the daughter of the first informant seeks to invoke the inherent powers of this court praying for quashing of the first information report being I- C.R. No. 124 of 2014 registered with the Sector 21 Police Station, Gandhinagar for the offence punishable under section 379 of the Indian Penal Code. It appears from the materials on record that the applicant herein, a student of B.H.M.S. fell in love with a boy Page 1 of 3 R/CR.MA/16269/2014 ORDER namely Kuntesh B. Patel serving as a commando in the SRP Group Company No.12, Gujarat Police Force. They both developed intimacy for each other and decided to get married. On one day, the applicant left her parental home without disclosing anything to her parents and got married with Kuntesh B. Patel. She is residing, as on today, at her matrimonial home. It is a case of the respondent No.2, the father, that at the time when she fled away from the parental home, she took away gold ornaments worth Rs.5,40,000/-.

3. It appears from the materials on record as well as from the statement made by the Investigating Officer that the investigation carried out, prima facie, did not disclose commission of any offence of theft. The ornaments alleged to have been stolen by the applicant from her own house were not recovered at any point of time. Prima facie, it appears that the father was opposed to the relations and did not like her daughter getting married. This resulted in filing of the first information report.

4. In the overall view of the matter, I do not see any case against the applicant so as to put her to trial. In the result, this application is allowed. The first information report being I- C.R. 124 of 2014 lodged with the Sector 21 Police Station, Gandhinagar is hereby ordered to be quashed. All consequential proceedings pursuant thereto stands terminated. Rule is made absolute.

Direct service is permitted.