KALPESH VINUBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Monali Bhatt, learned Additional Public Prosecutor and Mr. Rajesh K. Shah, learned advocate, waive service of notice of rule on behalf of respondent Nos.1 & 2 respectively.

(2.) This application has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being C.R. No.I-238 of 2010 and subsequently C.C. No.1104 of 2011 against the applicant registered with Amraiwadi Police Station, Dist.: Ahmedabad for offfences punishable under sections 406, 420 and 114 of the Indian Penal Code.

(3.) Mr.Ekant Ahuja, learned advocate for the applicant, submitted that there was a matrimonial dispute between the husband and wife which was not informed by any of the parties to the Bank and on the letter of request to break open the locker by the wife of the complainant, the Branch Manager, Dena Bank, Maninagar (East), Ahmedabad addressed a communication dated 27.01.2009 to M/s. Godrej & Boyce Mfg. Co. Ltd. to depute a person for breaking open the locker No.A-119 with the details as noted in the said communication. Mr.Ahuja submitted that on the said letter, the wife of the complainant, Pratiksha P. Mehta, has put up her endorsement of receiving all the contents lying in the locker, which was opened in her presence on the same day i.e. 27.01.2009. Mr.Ahuja submitted that there was nothing on record to show that the relation was strained between the husband and the wife and it was on the request of the wife of the complainant and through Bank communication, as per the procedure, the locker was break opened in the presence of the wife. The Bank had maintained daily registers of the renters' attendance and as per the rules, the Bank, which provides the facilities, has a custodian appointed for SDV (Safe deposit vault) and it becomes the primary duty and responsibility of such custodian to maintain proper records and accordingly, the regular registers were maintained.