KRISHNA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) When the matter is called out, learned advocate Mr. karathiya has tendered the reply which is taken on record.

(2.) Rule. The present application is filed by the applicant seeking following reliefs:

(3.) Brief facts as per the case of the applicant in this application are as such that the present applicant is sister-in-law of the first informant and she is a house- wife. The marriage of the present applicant was solemnized with one Mr. Alpesh Dhori on 24/04/2009 as per Hindu rites and customs, whereas the marriage of the respondent no.2 solemnized with the accused no.1 namely Hiren on 29/04/2016. During marriage span of the present applicant on 30/05/2013 she gave a birth to a daughter namely "Jahnvi". The husband of the present applicant is a software engineer, working in an IT company in Pune city. It is further the case of the applicant in this application that at the time of marriage of the present applicant, as her husband was working in Ahmedabad, therefore soon after her marriage, she started residing with her husband in a rented house in Ahmedabad city. The present applicant and her husband stayed in Ahmedabad city from 2009-2018 and at present as husband of the present applicant is working in an IT company at Pune therefore, she is residing in Pune city in a rented house. As the marriage of the present applicant was solemnized much before the. marringe of the respondent no.2 therefore, there is no question for the present applicant to stay with the first informant. It is further the case of the applicant in this application that the marriage of the respondent no.2 took place with the accused no.1 namely Hiren Narendrabhai Tholia in 2016 at Rajkot. After marriage the respondent no.2, she started residing in a joint family with her husband and her in-laws. Out of the wedlock of the first informant, she has a son namely "Harshvir" aged about 4 years and at present he is in the custody of her mother - first informant. It is further the case of the applicant in this application that first two years of her marriage, all the accused were treating her well but thereafter accused persons started harassing her physically and mentally. It is alleged that before 4 months of the alleged FIR, her husband told her that he does not like her and does not want her anymore he further told her that he does not have any interest/affection and told her to go back to your parent's home. It is further alleged that whenever the first informant tell her father and mother-in-law faccused no.2 and 3] about behavior of their son, but they used to encourage their son instead of persuading him for not doing such thing. The first informant further alleged that her sister-in-law, [present applicant] who is residing at Pune, but she occasionally come there and used to instigate her husband against her. It is investigation, the accused have cooperated with the investigation and made themselves available as and when it is called for. After completion of investigation, the police have filed a charge-sheet on 26/06/2020 against all the accused persons including present applicant in connection with the alleged FIR. Thereafter the police have submitted the charge-sheet before the concerned court and based on it, case was being numbered as Criminal Case No. 5697 of 2020. The present applicant was shown as accused no.4 in the charge-sheet.