PHOOLWATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Sec. 482 of Cr.P.C., the petitioner has prayed to quash and set aside FIR being I-C.R.No.35 of 2013 registered with Bopal Police Station, Ahmedabad.

(2.) Learned advocate for the petitioner submits that on bare reading of FIR as well as charge-sheet papers, role is of the petitioner is no where stated. It is submitted that the petitioner is sister in law (Nanad). It is submitted that marriage of the petitioner took place prior to 9 years of marriage of deceased. She is living at Morena, M.P. at her matrimonial home. It is submitted that the allegations in the FIR is name sake. No specific role is attributed to the petitioner to the extent of physical or mental cruelty or asked or demanded four wheeler car or anything else. It is submitted that the petitioner has not played any role in commission of offence and therefore, continuance of proceeding against the petitioner would be abuse of process of law and therefore, it is submitted to quash the FIR and consequential proceedings against the petitioner.

(3.) On the other hand learned APP appearing on behalf of the respondent-State has opposed grant of present application looking to the nature and gravity of the offence. Learned APP after reading charge-sheet papers at page no.21 would submit that deceased also penned suicide note and made allegations against the petitioner. Therefore, it is submitted to dismiss the petition.