JINIYA JAYESHBHAI MANUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By invoking inherent powers of this Court under Sec. 482 of the Cr.P.C., the applicant Jayeshbhai Manubhai has preferred this application for quashing of the FIR being CR. No. 11190007220019 of 2022 registered with Mahila Police Station, Botad, for the offences punishable under Sec. 498A, 323 and 504 of the Indian Penal Code.

(2.) Brief facts of the present case are that, the marriage of the applicant with private respondent was solemnized in the year 2012 and thereafter, they were residing together at city Botad. The matrimonial dispute arose between the parties mainly on the ground that, the applicant husband was suspecting the character of the private respondent and on that ground, he was used to beat her and hurled abusive. In these background facts, she has lodged an FIR on 29/8/2022.

(3.) Pursuant to said FIR, the applicant husband is before this Court for quashing of the proceedings on the ground that, the contents of the FIR are false and frivolous and on reading of it, the offence of cruelty is not made out and same is filed for the defense in the case of rape filed against one Ashok Parmar with whom the private respondent having extra marital affairs.