GAURAVKUMAR HARISHCHANDRA PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed for seeking following reliefs:

(2.) Brief facts as per the case of the applicants in this application are as such that the respondent no.2- complainant in the complaint is that the respondent no.2 herein was married to applicant no.1 herein as per Hindu rites and rituals on 4/2/2014 at Maroli, Jalalpor. It is alleged in the complaint, that immediately after the marriage, the mother-in-law and the applicant no.4 herein started harassing the respondent no.2 herein. There are various allegations levelled in the complaint, as regards the respondent no.2 and family being made to know the wrong facts as regards the applicants herein and that even the applicants had made dowry demand and harassing the respondent no.2 herein. It is also stated in the complaint that the complainant accompanied the applicant no.1 on 24/3/2014 to United Kingdom and resided with applicant no.1- husband at United Kingdom. Further, it is also stated in the complaint that out of the said wedlock, child viz. Shiven was born at United Kingdom. It is further alleged that when the applicant no.3 had visited with deceased mother-in-law of respondent no.2 herein at United Kingdom, the respondent no.2 was also harassed by them. Further, it is stated in the complaint that on 3/9/2014, the mother and applicant no.3 herein returned to India and the applicant no.1 along with the applicant no.4 herein, the respondent no.2 herein and the minor son came to India on 18/10/2015. It is further stated in the complaint that after return to India, various disputes cropped up. Furthermore, it is further stated in the complaint that the respondent no.2 along with minor son was forcibly driven out by the applicants from their house and thereafter, the respondent no.2 resided at her parental home. Furthermore, it is further alleged that various threats were also administered on respondent no.2 herein. It is no.3 is the brother-in-law, applicant no.4 is the sister-in-law of respondent no.2, while applicant no.5 and 6 are the uncle and aunt of applicant no.1, who are residing separately. Further, pursuant to the said complaint being forwarded to the court of Ld. Magistrate, the Ld. 2nd Additional Civil Judge & JMFC, Navsari vide order dtd. 23/11/2017 was pleased to issue notice upon the present applicants, calling upon the applicants to remain present on the next date of hearing. Initially, the application was made to protection officer on 22/11/2017, which was forwarded to the Court of Ld. Magistrate and the process was issued upon the applicants on 23/11/2017. Hence this application is preferred.

(3.) Heard learned counsel Mr. Adil Mirza, representing the applicants, Ms. Sonal Vyas, learned counsel, represent the respondent No.2 - complainant and learned Additional Public Prosecutor (APP) Mr. Dhawan Jayswal, representing the respondent No.1 - State.