CHANDRAVADAN AMBALAL BRAHMBHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONERS original accused Nos.2 and 3 seek quashing of FIR bearing C.R. No.168 of 2007 filed before the Maninagar Police Station, Ahmedabad by respondent No.2 herein. Respondent No.2 who was a wife of Milap Chandravadan Brahmbhatt, she had filed above noted criminal complaint against her husband as well as the husband's parents alleging commission of offences punishable under Section 498 -A read with Section 114 of IPC. She also complained of breach under Section 31 of the Domestic Violence Act.

(2.) IT appears that respondent No.2 no longer resides at the last address given by her. Due to this, service of notice of rule of this Court could not be effected on her. However, looking to peculiar facts of the case, it is not necessary to await such service.

(3.) PREVIOUSLY , the husband had filed Criminal Misc. Application No.8686 of 2007 for quashing of this very complaint. Such petition was allowed by this Court by judgment dated 5.12.2007 making following observations : -