SONALBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition filed under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure (for short, "the Cr.P.C ."), the petitioners have prayed to quash and set aside the complaint being FIR No.1191023230191 registered with Vadaj Police Station, District: Ahmedabad for the offences punishable u/s.354, 354D, 294(b), 506(2) and 114 of IPC and all other consequential proceedings emanating therefrom.

(2.) Learned advocate Mr. Paresh Modi appearing for the petitioners submitted that the petitioners have not committed any alleged offence. It is submitted that the entire complaint is a false, fabricated and concocted story. That, the complainant to hide her real face and to protect her and her family's reputation in the market has filed false complaint against the accused persons. It is submitted that petitioners are falsely arraigned as an accused just to induce external pressure on them and to humiliate them. That the petitioners herein have no role to play in the alleged offence and no other role has been alleged against them except some quarrel amongst them and complainant's family. The petitioners being family members of accused no.1 have been purposefully and deliberately induced in the FIR to settle personal scores of the complainant and her family. It is also submitted that complainant was having a long-lasting affair with the accused no.1, who is supposed to be son of the applicant no.3 herein and brother of the applicant nos.1 and 2 and the entire complaint is filed just because her family members came to know about the affair between complainant and accused no.1. It is also submitted that complainant's parents and brother when came to know about the affair of her daughter, went to the house of the petitioners and uttered filthy and abusive words to the and his family members. He, therefore, submitted that this is a fit case where discretion deserves to be exercised in favour of the petitioners.

(3.) Learned APP Mr. J. K. Shah for the respondent-State has resisted this petition on the ground that the powers under Sec. 482 of Cr.P.C., are to be exercised by the Court sparingly and in an appropriate case at an appropriate time. Presently, the investigation in this case is going on and it is at a crucial stage, and therefore, the complaint may not be quashed.