ALKA JOGESH PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Dilip L. Kanojiya on behalf of the applicant and learned APP Ms. M. D. Mehta for respondent-State, learned Advocate Mr. Sejal K. Mandavia on behalf of the respondent no. 2.

(2.) By way of this application, the applicant prays for quashing of FIR being C. R. No. I-34 of 2018 registered with the Mahila Police Station(West) Ahmedabad on 21/7/2018 for offences punishable under Ss. - 498A, 323, 406 and 114 of the Indian Penal Code and under Ss. -3 and 7 of the Dowry Prohibition Act . The respondent no. 2 being the original complainant has inter alia filed the said complaint against the accused named in the FIR being her husband, her father-in- law, mother-in-law and sister-in-laws. The applicant herein being accused no. 5 in the FIR being a sister-in-law.

(3.) Learned Advocate Mr. Kanojiya would submit that as far as the allegations against the applicant are concerned, general allegations of having harassed the complainant are made in the complaint. Learned Advocate Mr. Kanojiya would further submit that a bare reading of the complaint would reveal that the allegations referred to are of a period prior to the year 2007 whereas the FIR is filed approximately after a period of 11 years. Thereafter learned Advocate Mr. Kanojiya would submit that the marriage of the accused no. 1 and the complainant was solemnized in the year 2005 and whereas the allegations even if they are believed to be true, relate to a period between the 2005 to 2007 and whereas even in the FIR the complainant also clearly states that the applicant herein was married and residing at her matrimonial house.