BHADRESHBHAI SHANKALCHAND PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Application has been filed by the Applicants (Original Accused) under Sec. 482 of the Code of Criminal Procedure 1973 for quashing of First Information Report being I-C.R. No. 263 of 2013 registered with Ghatlodia Police Station, Ahmedabad for the offence under Ss. 498(A), 323, 506(2) and 114 of the Indian Penal Code and under Ss. 3 and 7 of the Dowry Prohibition Act.

(2.) Heard learned Advocate Mr. Rajesh K. Kanani for the Applicants. He submitted that the present FIR has been lodged against the present Applicants and her husband named Rakesh Kumar Patel making allegations for the offence mentioned herein above. He submitted that the Applicant Nos. 1 and 2 happened to be father-in-law and mother-in-law of Respondent No.2 who were living separately from Respondent No.2 and her husband. The Applicant Nos.

(3.) and 4 happened to be brother-in-law and sister-in-law (Devar and Devrani) of Respondent No.2 who are living in Australia whereas the Applicant No.5 happens to be sister-in-law of Respondent No.2 (Nanand) who also is residing in Jamaica since her marriage. The allegations made against these Applicants in the FIR are vague and no specific overt act has been attributed to the Applicants in commission of the offence in question. He also submitted that though Respondent No.2 has lodged the present FIR against the present Applicants as well as her own husband, she continues to stay with her husband namely Rakesh Kumar Patel and on 19/11/2014 has given birth to the son of the said Rakesh Kumar Patel. This indicates that the allegations made in the FIR are false and concocted. He therefore submitted to allow the present Application and quash the FIR qua the Applicants. 3. Learned APP Ms. Shruti S. Pathak appearing for Respondent No.1 - State has opposed the present Application and submitted that specific allegations as regards the demand of dowry have been made against the Applicants and thus, the offences as alleged in the FIR are made out against the present Applicants. It is therefore submitted to dismiss the present Application.