JASHWANTIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants original accused Nos.2 to 4 to quash and set aside the impugned FIR being C.R.No.II-25 of 2011 registered with Rajkot Mahila Police Station for the offences punishable under Sections 498(A), 323 and 504 of the Indian Penal Code.

(2.) MR.Jigar Gadhavi, learned advocate appearing on behalf of the applicants does not press the present application qua applicant No.1 original accused No.2 mother-in-law and seeks permission to withdraw the present application qua applicant No.1 original accused No.2. Permission is accordingly granted. The present application is dismissed as withdrawn qua applicant No.1 original accused No.2. Therefore, this Court is required to consider the prayer of applicant Nos.2 & 3 original accused Nos.3 & 4 only to quash and set aside the impugned FIR qua them.

(3.) MR.Trivedi, learned advocate appearing on behalf of respondent No.2 original complainant has tried to oppose the present application qua applicant No.2 herein original accused No.3. However, he is not in a position to dispute the same that except instigation being sister-in-law (husband's brother's wife), there is no other allegations against applicant No.2 herein original accused No.3. However, he has requested that if this Court is inclined to quash and set aside the impugned FIR qua applicant No.2 herein original accused No.3, in that case, the same may be without prejudice to the rights and contentions of the respective parties against the other accused persons.