GAURAV YASHPAL AHUJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioners have prayed to quash and set aside the order dtd. 20/4/2022 passed by the learned Addl. Sessions Judge, City Civil & Sessions Court, Ahmedabad in Criminal Revision Application No. 161 of 2021 as also the order dtd. 16/7/2021 passed below application Exhibit-4 by the learned Addl. Chief Metropolitan Magistrate, Court No.17, Ahmedabad in Criminal Case No.5008384 of 2016.

(2.) The facts in brief are that respondent No.2 herein had filed complaint being I-C.R. No. 164 of 2016 with Sardarnagar Police Station against the petitioners herein u/s. 498(A), 323 and 114 of IPC and Sec. 3 & 7 of the Dowry Prohibition Act. In the proceedings of Criminal Case No. 5008384 of 2016 arising out of the said FIR, the petitioners had filed application Exhibit-4 praying for their discharge u/s. 239 of Cr.P.C . However, the said application came to be rejected vide impugned order dtd. 16/7/2021. The revision preferred against the order passed below application Exhibit-4 also came to be rejected vide impugned order dtd. 20/4/2022. Hence, this petition.

(3.) Heard learned advocate for the petitioners and perused the material on record. As per the allegations made in the impugned FIR, the respondent No.2-wife was kept well by the petitioners at her matrimonial home for a period of about one year after the marriage. It is alleged that thereafter the petitioners tortured her physically and mentally for dowry and for doing a job. The petitioner No.1-husband appears to have gone to Ludhiana, Punjab and stayed there for about two months leaving behind the respondent No.2-wife and on 27/8/2016, the petitioner No.2-mother in law had compelled respondent No.2 to leave the matrimonial house. Prima facie, from the allegations made in the FIR, it cannot be said that no offence has been made out against the petitioners and both the Courts below have rightly rejected the discharge application preferred by the petitioners.