VAIBHAVKUMAR AMRUTLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor and learned Advocate Mr. DC Sejpal waives service of notice of Rule on behalf of respondents No.1 and 2 respectively.

(2.) This application has been filed by the applicant, who is the brother-in-law (diyar) of the complainant and who is residing at Mumbai under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the First Information Report bearing I-C.R. No.61 of 2019 registered with Dhoraji Police Station, Rajkot Rural for the offences punishable under Ss. 498A and 114 of the Indian Penal Code and the proceedings initiated in pursuant thereto.

(3.) Learned Advocate Mr. Kishan Nayi for learned Advocate Ms. Gayatriba B. Jadeja for the applciant submits that the applicant had never resided with the complainant and his brother and since 2012, the applicant is having his own permanent house at Mumbai and therefore, there would not be any occasion to have any interaction with the complainant. Learned Advocate Mr. Kishan Nayi has referred to the judgment dtd. 16/11/2022 passed by the learned Additional Civil Judge and Judicial Magistrate First Class, Dhoraji in Criminal Case No.270 of 2020. It is further submitted that the complainant has already the settled the case with the the two main co-accused, i.e. the husband and the mother-in-law and the learned trial Court Judge after having observed the settlement so arrived at, acquitted both the accused. Thus, taking into consideration the above acquittal, the prayer is made for quashing of the above First Information Report as no case would survive against the present applicant.