VIJAYBHAI CHAUTHMAN AGRAWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing the present Application under Sec. 482 of the Code of Criminal Procedure, 1973, the Applicant has prayed for the following reliefs:

(2.) Heard learned Advocate Mr. Daifraz Havewalla appearing for the Applicant. He submitted that the Applicant herein happens to be the brother- in-law of the first informant, who was living separately in Calcutta at the time of incident. The marriage span between the Respondent No.2 and her husband was of more than 20 years and, during the said span of 20 years, the first informant had never raised any alarm as regards any harassment by her in-laws. The present FIR has been lodged by the first informant only as her relationship with her husband went sour. He also submitted that the allegations levelled in the FIR against the present Applicant are general in nature and no specific role is attributed to the present Applicant in commission of the offence in question. He therefore submitted to allow the present Application.

(3.) The Application is vehemently opposed by learned APP Ms. Vrunda C. Shah. She submitted that as per the FIR, the present Applicant had instigated the husband of the first informant to demand a dowry from her and thus the specific allegation is levelled against the present Applicant, which clearly attracts the offence under Sec. 498A of the Indian Penal Code against him. She therefore submitted to dismiss the present Application.