R/CR.MA/20759/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 20759 of 2015
NAVINBHAI VITHTHALBHAI PATEL 1….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR MB RANA, ADVOCATE for the Applicant(s) No. 1
MR MB GOHIL, ADVOCATE for the Respondent(s) No. 2
MR DHARMESH DEVNANI, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 22/11/2017
ORAL ORDER
1 By this application under Section 482 of the Code of Criminal
Procedure, 1973, the applicants – original accused persons seek to
invoke the inherent powers of this Court, praying for quashing of the
First Information Report registered as IC.R. No.137 of 2015 with the
Isanpur Police Station, Ahmedabad for the offence punishable under
Sections 498A, 323, 504 and 506(2) 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 fatherinlaw
and the applicant No.2 is the motherinlaw of the respondent No.2 –
original first informant. The marriage of the respondent No.2 was
solemnized on 15th May 2015 with one Jeet Navinbhai Patel i.e. the son of
the applicants herein. Soon after marriage, matrimonial problems
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R/CR.MA/20759/2015 ORDER
cropped up and the same led to filing of the F.I.R. alleging cruelty and
harassment. So far as the husband is concerned, he had also come before
this Court with an application for quashing of the F.I.R., but the same
has not been pressed and the said application has been disposed of. So
far as the applicants are concerned i.e. the inlaws, the allegations of
harassment and cruelty are too vague and general. There is no serious
objection at the end of the respondent No.2 in quashing the F.I.R. so far
as the applicants are concerned.
3 In such circumstances, this application succeeds and is hereby
allowed. The First Information Report registered as IC.R. No.137 of
2015 with the Isanpur Police Station, Ahmedabad is quashed so far as
the applicants are concerned. Rule is made absolute. Direct service is
permitted.
4 The investigation shall now proceed further in accordance with
law so far as the husband is concerned.
(J.B.PARDIWALA, J.)
chandresh
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