CHETNABEN RAHEMATULLA PANJVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure,1973, the applicants seek to invoke the inherent powers of this Court praying for quashing of the first information report being C.R. No.I-69 of 2015 registered before the Siddhpur Police Station at Patan for the offence punishable under Sec. 498(A), 323, 504, 506(2) and 114 of the Indian Penal Code.

(2.) The case of the prosecution may be summarized as under;

(3.) Learned advocate, Mr. Pravin Gondaliya appearing for the applicants submitted that the applicant no.1 is sister-in-law and applicant no.2 is her son. Learned advocate Mr. Gondaliya further submitted that the present FIR is nothing but a sheer abuse of process of law as no offence much less the offence alleged against the accused Nos.2 and 3 in the FIR is made out and the same has been filed just with a view to harass the present applicants. He further submitted that even if the allegations levelled in the FIR are believed to be true and correct without admitting it, the same do not disclose commission of any offence and are vague and general in nature. Learned advocate Mr. Gondaliya also submitted that in the FIR itself, it is stated that the applicants herein were shifted to Delhi in the year 2013 and occasionally visited the matrimonial house of the complainant. The applicants herein are residing separately at Noida where the applicant No.1 is doing the job. They never resided with the accusede No.1 under one roof at Siddhpur. Learned advocate Mr. Gondaliya further submitted that even the house where the accused No.1 and the complainant were residing belonged to the applicant No.1 and she allowed her brother and the complainant to reside there after their marriage and now having apprehension of being asked to vacate the said house, with a mala fide intention and an oblique motive, the impugned FIR has been filed by the complainant as she does not want to vacate the said house.