ARVINDBHAI RANCHHODLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this applications under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."), the applicants have prayed to quash and set aside the complaint being C.R. No. 11191030200012 of 2020 with Mahila Police Sation, Ahmedabad (West), for the offences punishable under Sec. 498A, 406, 506(2) and 114 of the Indian Penal Code, 1860 and Sec. 4 of Dowry Prohibition Act, 1961 as well as all the consequential proceedings arising therefrom.

(2.) The brief facts of the case are that:

(3.) Learned advocate for the applicants submits that the applicant herein have nothing to do with the offence and has been falsely implicated in the present case. The present applicants are distant relatives including father-in-law, mother- in-law, sister-in-law and father-in-law of the sister-in-law of the complainant. A bare perusal of the FIR reveals that all the facts narrated are either false or twisted with the intent to mislead the court and the investigating authority. The allegations against the applicants have no basis, as they also do not live under the same roof as the complainant. It is submitted that after filing the FIR, a subsequent development occurred in which a settlement was reached between the parties. It was agreed that to withdraw all proceedings, including the domestic violence proceedings, the accused would pay the complainant Rs.40,00,000..00 Out of this amount, Rs.23,00,000.00 has already been paid to the complainant. Therefore, the case does not constitute criminal breach of trust.