FIR quashed after two decades where major voluntarily eloped, married the accused, and denied theft allegations.

The applicants invoked Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR C.R. No. I-25 of 2003 registered with Palanpur Taluka Police Station, Banaskantha, for offences under Sections 366, 380 and 114 of the Indian Penal Code, 1860.

The complainant alleged that his daughter, Diviben @ Rekhaben, aged approximately 18 years and 3 months, went missing from the family home on 8 February 2003 and was thereafter seen travelling to Palanpur with applicant No.1.

He further alleged that ₹13,000, allegedly kept in the house, was missing and accused the applicants of kidnapping his daughter and committing theft.

The applicants contended that applicant No.2, the complainant’s daughter, had voluntarily left her parental home with applicant No.1, that she was a major, and that they subsequently married and had two children.

Applicant No.2 affirmed that she had left voluntarily and had not taken any money from her parental home.

The State opposed quashing on the ground that the allegation concerning theft of ₹13,000 required investigation.

The original complainant, though served, did not appear.

Whether the FIR disclosed the commission of offences under Sections 366, 380 and 114 of the IPC against the applicants so as to justify continuation of the criminal proceedings?

Whether, in view of the victim’s alleged voluntary departure, her subsequent marriage and family life, the passage of more than two decades, and her denial of having taken money, the FIR and consequential proceedings should be quashed under Section 482 CrPC?

The Court exercised its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973, which permits quashing of criminal proceedings where continuation would serve no useful purpose or would amount to an abuse of process.

The allegations were examined with reference to Sections 366, 380 and 114 of the IPC: Section 366 concerns kidnapping, abducting or inducing a woman to compel marriage or illicit intercourse; Section 380 concerns theft in a dwelling house; and Section 114 attributes liability to an abettor present when the offence is committed.

The Court also applied the principle that proceedings may be quashed in appropriate circumstances where the material on record, subsequent developments, and the overall circumstances demonstrate that continuation of the prosecution is unnecessary.

The Court considered the FIR together with applicant No.2’s affidavit.

Her stated age of 18 years and 3 months, assertion that she had voluntarily accompanied applicant No.1, subsequent marriage, and settled matrimonial life weakened the allegation of kidnapping or abduction.

Her categorical denial that she had taken money from the parental home also reduced the basis for continuing the theft allegation.

The Court further relied on the substantial lapse of time—described as more than 20 years—and the fact that the applicants had two children, aged 21 and 13 years, respectively.

Although the State submitted that the theft allegation required investigation, the Court held that, in the circumstances, continuation of the prosecution would serve no useful purpose.

It allowed the application under Section 482 CrPC and quashed and set aside FIR C.R. No. I-25 of 2003 registered with Palanpur Taluka Police Station, Banaskantha, together with all consequential proceedings, insofar as they concerned the applicants.

Rule was made absolute.