This court quashed a criminal complaint regarding enticement of a minor where the accused and the prosecutrix were married and had children, relying on Supreme Court precedents preventing gratuitous harassment.
The impugned complaint (C.R. No. I-143 of 2013) and any proceedings arising therefrom are quashed and set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/4523/2016 ORDER DATED: 03/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 4523 of 2016
==========================================================
RAJUBHAI BHOPABHAI CHAVDA Versus STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
MR Y J PATEL(3985) for the Applicant(s) No. 1 NOTICE SERVED THRU CONCERNED POLICE STN for the Respondent(s) No. 2 MS MD MEHTA, ASSISTANT PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 03/02/2022
ORAL ORDER
applicant and learned APP Ms. M. D. Mehta for respondent-State.
Page 1 of 4
R/CR.MA/4523/2016 ORDER DATED: 03/02/2022
of the complainant were having a love affair and whereas learned
Advocate Mr. Patel would submit that subsequently the applicant and daughter of respondent no. 2 have got married and they are residing together since such time.
2.1. Learned Advocate Mr. Patel would submit that two
children are born from the wedlock and whereas learned Advocate Mr. Raval would submit that the complaint if it is permitted to proceed ahead would cause unnecessary and avoidable harassment to the applicant as well as to his wife who was the prosecutrix. Learned Advocate Mr. Patel further submits that the wife of applicant i.e. the prosecutrix is present in his office and this Court if felt fit may personally verify the said aspect from her. Learned Advocate Mr. Patel would submit that the wife of applicant has also filed an affidavit confirming the fact of marriage.
Page 2 of 4
R/CR.MA/4523/2016 ORDER DATED: 03/02/2022
such circumstances this Court does not think it necessary to verify the fact of marriage from the prosecutrix. This Court has also noted the Marriage Registration Certificate which is annexed with the petition. The certificate which shows that the applicant and daughter of the complainant have got married on 08.06.2015. In this View of the matter and in view of the fact that the applicant and daughter of the complainant have been living together as husband and wife since 2015 and two children are born from the said marriage, this Court is of the opinion that no fruitful purpose would be served if the complaint is allowed to proceed any further.
Page 3 of 4
R/CR.MA/4523/2016 ORDER DATED: 03/02/2022
made absolute.
(NIKHIL S. KARIEL,J)
Mrs. J. J. Kedia
Page 4 of 4
3 issues framed by the court
Whether the impugned criminal complaint and proceedings under Sections 363 and 366 IPC should be quashed amidst marriage and cohabitation of the applicant and the prosecutrix.
Whether it serves any fruitful purpose to allow the criminal complaint to proceed further given the established marital relationship.
What orders are appropriate regarding the quashing of the FIR and subsequent proceedings in this enticement case.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of Punjab & Anr.Referred¶27
(2012) 10 SCC 303 · Who else cites this
Madan Mohan Abbot Vs. State of PunjabReferred¶27
(2008) 4 SCC 582 · Who else cites this
Manoj Sharma Vs. State & Ors.Referred¶27
2009 (1) GLH 190
Narinder Singh & Ors. Vs. State of Punjab & Anr.Referred¶27
2014 (2) Crime 67 (SC)
1 provisions across 1 enactments
Rajubhai Bhopabhai Chavda
State of Gujarat
Nikhil S. Kariel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
