VIVEKANAND MUKUNDRAI ACHARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. R.J. Goswami, learned advocate for the applicants, Ms. Moxa Thakkar, learned APP for respondent No.1 and Mr. D.R. Ray, learned advocate for respondent No.2.

(2.) BY way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicants have prayed for quashing and setting aside Criminal Case No.905 of 2009 pending before the JMFC, Himmatnagar, District Sabarkantha.

(3.) IT transpires from the record that the FIR came to be lodged at Himmatnagar Town Police Station on the basis of the complaint filed by respondent No.2 for the alleged offence punishable under Sections 498(A), 323, 504, 506(2) and 114 of the IPC which came to be registered as CR No.II3616 of 2008 on 11.12.2008. Bare reading of the aforesaid FIR indicates that certain allegations are made against the present applicants by the original informant. It further transpires from the record that respondent No.2 wife of applicant No.1 has filed an affidavit wherein it is stated by respondent No.2 as under: