MOHANBHAI LAGDHIRBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned A.P.P., Mr.H.L. Jani for the respondent no.1-State of Gujarat and learned counsel, Mr.Nirav Padhiyar for the respondent no.2-original complainant waive service of notice of rule. Learned counsel, Mr.Padhiyar is permitted to file his Vakalatnama for respondent no.2.

(2.) THE present application has been filed by the applicant under Section 482 of the Criminal Procedure Code, 1973 for the prayer to quash and set aside FIR being C.R.No.I-159/2011 registered with Deesa City Police Station, District : Banaskantha dated 26.08.2011 and also to stay further investigation and proceedings of the aforesaid FIR pending the present application on the grounds mentioned in the application.

(3.) IN view of this affidavit and rival submissions, when it has been specifically stated by the complainant, who is adult that she is having an affair with the applicant-original accused and their relationship was not approved of by the family members and she was pressurized to file complaint, it leaves the matter there suggesting that the complaint cannot be taken at its face value. Therefore, the present application deserves to be allowed and the impugned FIR may be quashed and set aside.