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Judgment
Rule returnable forthwith. Ms. Thakkar, the learned APP, waives service of notice of rule for and on behalf of the respondent No1 and Mr. Sadik Ansari, the learned counsel, waives service of notice of rule for and on behalf of the respondent No.2.
By this application under section 482 of the Cr.P.C., 1973, the applicant-original accused seeks to invoke the inherent powers of this Court praying for quashing of the first information report being I-C.R. No.39 of 2017 registered with the Mahila Police Station (East), Ahmedababad for the offence punishable under sections 376, 506(2), 294(b) and 323 of the Indian Penal Code.
The case of the first informant, in brief, has been stated in para-2.1 of the petition. It reads as under;
"2.1 It is the case of the prosecution so also the complainant that at that juncture it was the applicant who in the company of the one of his friend, namely, Chandu in connivance of each other took her to one of their friend''s place at Vasna as also while friends of the applicant namely Chandu and Maulik at whose house the victim was brought on that day, while both of them, under a pretext of bringing food from outside when they left their house it is a case that in their absence it was the applicant who made victim to consume liquor in turn committing forceful sexual intercourse upon her. It is also a case in the FIR that thereafter on number of occasions and at different places, the victim was made to accompany the applicant, whereby on all such occasions, sexual intercourse was committed upon her. It is a case projected in the last portion of the FIR by alleging that on 04.11.2017, the victim was taken to Surya Palace Guest House at Chiloda, the place at which sexual intercourse was committed upon her against her will as also lastly on 10.11.2017, it was the applicant who came down to a Maruti Suzuki Showroom stationed at Vastral,
the place at which it is alleged that the applicant spoke abusive language towards the victim and threatened her to death as also brother of the victim was also threatened to death."
On 18th December, 2017, the following order was passed; "The respondent no.2, viz. Sudhiben, daughter of Sureshbhai Narayanbhai Panghat, the original first informant is personally present in the Court today. She pointed out that she is in a live-in-relationship with the applicant. The parents of the first informant are highly opposed to such relationship. According to her, she was forced by her parents to lodge the FIR for the offence of rape.
The matter will have to be looked into.
Let notice be issued to the respondents, returnable on 21st December 2017. The learned APP waives service of notice for and on behalf of the respondent no.1 State of Gujarat.
What is submitted by the respondent no.2 should be in the form of further statement before the Investigating Officer. The respondent no.2 shall appear before the Investigating Officer for the purpose of recording of her further statement.
The Investigating Officer shall record the further statement of the first informant and place it before this Court for perusal by the next date of hearing.
Post this matter on 21st December 2017.
The first informant shall appear before the Investigating Officer tomorrow.
Direct service is permitted."
Pursuant to the order passed by this Court, referred to above, the respondent No.2-original first informant appeared before the Investigating Officer and gave her further statement. In the further statement, she clarified that it is on
account of the pressure of her family members that she lodged the first information report against the applicant for the offence of rape. The first informant is present today in the Court. She makes a statement that she is getting married to the applicant herein.
An affidavit has also been filed by the respondent No.2, which is ordered to be taken on record. The same reads as under;
"I, Sudhiben D/o. Sureshbhai Narayanbhai Panghat, Aged about 20 years, residing at C-47-7, Shiwam Park Society, Near Kotarpur, Village: Kotarpur, Ahmedabad City, respondent No.2- original complainant, do hereby on solemn affirmation file this affidavit as under;
That I state and submit that I am the original complainant victim of the FIR being I-C.R. No.39 of 2017 registered with Mahila Police Station, Dist: Ahmedabad City dated 28.11.2017 for the offences punishable under sections 376, 506(2), 294(b, 323 of Indian Penal Code .
I state and submit so also pursuant to the lodgment of the impugned FIR, the fact that the applicant and myself are major in age and were in relationship since long, upon intervention and acceptance of families of both the side, the dispute is amicably settled between the parties as also in view of an agreement dated 08.12.2017 since the applicant and myself are to marry each other, I do not have any objection if the impugned FIR is quashing in favour of the applicant.
That I state and submit that as also it is agreed upon between both the parties that the case is filed against the applicant, there is a settlement arrived at, if the present FIR is quashed and set aside by the Honourable Court, I in capacity of the original complainant-victim do not have any objection to the same, rather I consent to such quashing of the impugned FIR.
Solemnly affirm on this 18th day of December, 2017 at Ahmedabad."
In such circumstances, referred to above, I am of the view that it will be an exercise in futility for the police now to proceed further with the investigation.
In such circumstances, this application succeeds and is hereby allowed. The first information report being I-C.R. No.39 of 2017 registered with the Mahila Police Station (East), Ahmedababad is hereby quashed. All consequential proceedings pursuant thereto stand terminated. Rule is made absolute to the aforesaid extent.
It appears that the applicant is in the judicial custody since 29th November, 2017. As the first information report has been quashed, the applicant is ordered to be released forthwith.
Direct service is permitted.