KAILASHBHAI NANDLAL RATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing the present Application under Sec. 482 of the Code of Criminal Procedure, 1973, the Applicants have prayed to quash and set aside the FIR being I-CR No. 12 of 2014 registered with North Deesa City Police Station, District Banaskantha for the offences punishable under Ss. 498(A), 323, 504, 506(2) read with Sec. 114 of the Indian Penal Code.

(2.) Heard learned Advocate Mr. Ankit Y. Bachani for the Applicants. He submitted that the Applicants herein are the brother-in-law and sister-in-law (Nadoi and Nanand respectively) of the Respondent No.2 - first informant. The first informant was staying at her parental house at Deesa whereas the present Applicants were staying at Vapi separately. On no occasion, the present Applicants have resided with Respondent No.2 - first informant under the same roof. He also submitted that the allegations levelled against the present Applicants in the FIR are vague and general in nature. He therefore submitted to allow the present Application and quash and set aside the FIR in question as regards the present Applicants. Learned Advocate for the Applicants has relied upon the judgment of this Court in Special Criminal Application No. 9774 of 2019 in the case of Manishaben Dharmeshbhai Bambhniya v/s Poonamben Hardikhbhai Sosa decided on 22/12/2021 in support of his submissions.

(3.) The Application is opposed by learned APP Ms. Vrunda C. Shah appearing for the Respondent - State. She submitted that there is a clear allegations against the present Applicants in the FIR to the effect that the Applicants herein had asked Respondent No.2 - first informant to bring money from her parental house by selling the house of her father and repay the debt of the brother of Applicant No.2. Thus, there are clear allegations of demand of dowry and physical and mental harassment on the hands of the present Applicants. She therefore submitted to dismiss the present Application.