SWAPNIL HASMUKHBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application, under Sec. 482 of the Cr.P.C., original accused no.2-Swapnil Macwan seeks to invoke inherent powers of this Court praying quashing of the FIR, being I-C.R.No.11215018210040 of 2021, registered with Mahila Police Station, Anand for the offence punishable under Ss. 498(A), 323, 504, 506(2) and 114 of the Indian Penal Code.

(2.) Facts and circumstances giving rise to file quashing petition are that the private respondent - wife married with one Vinod Macwan accused no.1 and after the marriage, she went to matrimonial home. This was the second marriage of the respondent. The accused no.1- husband being a government servant was staying at Porbandar and every fortnight, he was used to come at Anand. The respondent wife was not happy with the conduct and attitude of the husband as she doubted on his character as a result, the matrimonial dispute arose between the parties. In these background facts, the respondent wife lodged an FIR against five persons including the husband and his relatives inter alia alleging that she was subjected to mental and physical cruelty. The applicant herein is the nephew of accused husband. So far role attributed to the applicant is concerned, it is alleged that he along with his brother, by using filthy language, threatened her and pressurized her to leave the house.

(3.) This Court has heard learned counsels Mr.Shashikant Parmar, Mr.Romesh Niven and Ms.C.M. Shah, learned APP for the respondent - State.