R/CR.MA/13687/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 13687 of 2015
GIRISHBHAI RAMANBHAI SOLANKI 4….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
DELETED for the Applicant(s) No. 1 – 2
VIRAL K VASHI, ADVOCATE for the Applicant(s) No. 3 – 5
PARUL P MAKWANA, ADVOCATE for the Respondent(s) No. 2
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 03/11/2017
ORAL ORDER
1 By this application, the applicants seek invoke the inherent powers
of this Court under Section 482 of the Code of Criminal Procedure,
1973, praying for quashing of the First Information Report being IC.R.
No.75 of 2015 registered at the Nadiad Rural Police Station, District:
Kheda for the offence punishable under Sections 498A, 323 and 504
read with 114 of the Indian Penal Code and Sections 3 and 7 of the
Dowry Prohibition Act.
2 I take notice of the fact that the applicant No.1 is the husband, the
applicant No.2 is the fatherinlaw, the applicant No.3 is the motherin
law, the applicant No.4 is the married sisterinlaw and the applicant
No.5 is the brotherinlaw i.e. the husband’s brother. I also take notice of
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R/CR.MA/13687/2015 ORDER
the fact that at the initial stage, when notice came to be issued, this
application was not pressed so far as the applicants Nos.1 and 2 are
concerned. It appears that during the pendency of this petition, the
applicant No.3 i.e. the motherinlaw has passed away. Therefore, this
Court is now left to look into the case of the applicants Nos.4 and 5.
3 Taking into consideration the nature of the allegations levelled in
the F.I.R., I am not inclined to exercise my inherent powers under
Section 482 of the Cr.P.C. for the purpose of quashing of the F.I.R. I am
of the view that some investigation is necessary. I am informed that the
applicants Nos.4 and 5 have not been released on bail and they have
been protected by this Court till this date from coercive action. As I am
not inclined to entertain this quashing application, naturally, the interim
relief will have to be vacated. However, with a view to enable the
applicants Nos.4 and 5 to pray for anticipatory bail before the Court
concerned, if they intend to, the interim protection earlier granted shall
continue for a period of two more weeks from today.
4 With the above, this petition is disposed of.
(J.B.PARDIWALA, J.)
chandresh
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