- (1.)Rule. Mr. K.L. Pandya, the learned Additional Public Prosecutor waived the service of notice of rule for and on behalf of the respondent No.1. The respondent No.2 the original first informant although served with the notice issued by this Court dated 23.06.2015 yet has chosen not to appear before this Court and oppose this application either in person or through an advocate.
(2.)By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant the original accused seeks to invoke the inherent powers of this Court, praying for quashing of the First Information Report bearing C.R. No.I38 of 2014 registered with the Gayakwad Haveli Police Station, District: Ahmedabad for the offence punishable under Sections 363 and 366 of the Indian Penal Code (for short, 'the I.P.C.') and also for the offence punishable under Section 18 of the Prevention of Children from Sexual Offences Act (for short, 'the POCSO Act').
(3.)The facts giving rise to this petition may be summarized as under:
3.1 The respondent No.2 is a resident of Ahmedabad. He has two daughters, namely, Namira aged 16 years and 4 months, and Tahejib aged 10 years. At the time when the First Information Report was lodged, the elder daughter of the first informant, namely, Namira was studying in standard 11th. In the First Information Report, it has been stated that his daughter Namira was in love with the applicant herein. It is further stated that the family members used to persuade Namira to discontinue the relations with the applicant accused. It is further stated that friends and relatives had also tried to persuade Namira not to keep any relations with the applicant accused. It has been alleged in the F.I.R. that on 17.04.2015 in the night hours, the applicant accused enticed the daughter of the first informant, namely, Namira and kidnapped her from the lawful guardianship of the first informant. It is alleged that on the date of the lodging of the F.I.R., Namira was a minor.