SAROJBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of preferring present petition under Sec. 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed to quash and set aside FIR being C.R.No.I-78 of 2016 registered with Kheda Town Police Station for the offences punishable under Sec. 498A, 306 and 114 of the Indian Penal Code and the proceedings of Criminal Case No.839 of 2016 pending before the Court of learned Judicial Magistrate First Class, Kheda, arising out of the aforesaid FIR, qua the petitioners.

(2.) Heard Mr. Darshit Brahmbhatt, learned advocate for the petitioners, Mr. Hardik Soni, learned Additional Public Prosecutor for the respondent - State and Ms. Alka Vaniya, learned advocate for the respondent No.2 - original complainant.

(3.) Learned advocate Mr. Brahmbhatt submits that FIR is filed by the complainant against total five accused persons. The accused No.1 is the husband, accused Nos. 2, 3, 4 and 5 are the mother-in-law, father-in-law, brother-in-law and sister-in-law respectively of the deceased. The present petition is filed by the original accused Nos. 4 and 5 i.e. the brother-in-law and sister-in-law respectively of the deceased. Learned advocate Mr. Brahmbhatt further submits that pursuant to the FIR filed by the complainant, the investigating officer has carried out investigation and ultimately at the end of the day filed charge-sheet against the accused persons before the concerned Court. Learned advocate Mr. Brahmbhatt further submits that after submission of the charge-sheet, the petitioners i.e. the brother- in-law and sister-in-law respectively of the deceased have preferred present petition and at the time of issuing notice on 14/12/2016, the Coordinate Bench of this Court has passed an order whereby the proceedings of Criminal Case No.839 of 2016 pending before the Court of Judicial Magistrate First Class, Kheda have been stayed qua the petitioners. Learned advocate Mr. Brahmbhatt submits that qua rest of the accused persons, the trial was proceeded with and ultimately at the end of the day, after recording evidence of all the witnesses as well as evaluating the material available on record, the learned Sessions Judge concerned has passed an order of acquittal so far as main accused persons are concerned. Learned advocate Mr. Brahmbhatt further submits that if this Hon'ble Court would make cursory glance upon the allegations levelled against the accused persons in the charge-sheet papers, in that event, it would be found out that the allegations levelled against the petitioners are vague and general in nature. Learned advocate Mr. Brahmbhatt mentioned in the FIR are the main accused persons whose role is graver than the role alleged to have been played by the present petitioners and those persons have already been acquitted by the concerned Trial Court after conducting full-fledged trial. Learned advocate Mr. Brahmbhatt submits that as per his knowledge, till date appeal is not preferred by the State by challenging the said order of acquittal.