GHANSHYAMSINH JAYANTISINH RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The rule issued by this Court vide order dtd. 23/11/2022 has been served to respondent no.2, but failed to appear.

(2.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being C.R. No.I-190 of 2018 registered with Puna Police Station, Dist.: Surat for the offfences punishable under Sec. 498A, 323 and 114 of IPC and Sec. 3 and 4 of Dowry Prohibition Act and the proceedings initiated pursuant thereto.

(3.) Mr. Manan A.Shah, learned advocate for the petitioners submits that the petitioner nos.1, 2 and 3 are the father-in-law, mother-in-law and sister-in-law respectively of the respondent no.2 - complainant and petitioner no.4 is aunt of the complainant, who is living separately since many years. Mr. Shah states that the impugned FIR is a classic case of misuse of provision of Sec. 498A of the IPC, where the complaint has been registered by respondent no.2 in connivance with the son of the petitioner nos.1 and 2 only for the family property.