TITLE: Vishnubharthi Sureshbharthi Gauswami V state of Gujarat
Decided On-: July19, 2023
10825 of 2021
CORAM: Hon’ble Justice Mr. Sandeep N.Bhatt
INTRODUCTION- This petition was submitted in accordance with Section 482 of the Criminal Procedure Code, 1973, and it seeks that the FIR be quashed and set aside.
FACTS OF THE CASE
The application outlines the brief facts that led to the filing of this case: on June 6, 2020, while the complainant and her children were sleeping, she discovered that her daughter Shilpa, who is 17 years old and 4 months old, was missing. She searched the area for her but was unable to locate her. Since she was in a romantic relationship with the applicant, respondent no. 2 went to his house but it was locked. She then went to the applicant’s house in Ratanpur but he was not there. Afterwards, she visited the applicant’s house in Ratanpur, where she went to meet someone named Chhaganpuri, who mentioned seeing the applicant and the victim together. Based on this information, the complainant filed this complaint.
COURT ANALYSIS AND DECISION
The applicant’s attorney, Mr. Chaudhari, stated that the victim-girl was more than 17 years and 4 months old at the time of the incident; that there had been a love affair between the applicant and the victim; that they were now happily living together; that they had been married according to Hindu rituals on 3.2.2021 and that their marriage had been registered on 4.2.2021; that a child had been born out of wedlock; and that an affidavit to this effect had Accordingly, he claimed that the complaint won’t accomplish anything useful is prayed for to approve this application and toss out the contested FIR as it continues.
Contrarily, learned APP The victim girl was admittedly under the age of 18 at the time of the incident, and even though she is currently living with the applicant, the Court should typically take its time exercising its powers under Section 482 of the Code when a victim girl is living with the applicant. Mr. Jayswal has argued that looking at the offenses, and more specifically, the provisions of the POCSO Act, the application deserves to be dismissed. So he prayed for this application to be rejected.
In light of the aforementioned, continuing the proceedings will serve no useful purpose. On the other hand, it is necessary to avoid any disruption to the victim and applicant’s happy marriage if the proceedings are allowed to continue. This Court cannot ignore the fact that the applicant and the victim girl were wed and that they had a child out of said wedlock. It is right and proper for this Court to exercise its inherent powers under Section 482 of the Code for the primary purpose of the victim’s welfare to ensure her better future.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Steffi Desousa
