ANSUYABEN NIRANJANBHAI THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973, the petitioner no.1 to 10 have prayed to quash and set aside the FIR being I-C.R.No.139 of 2017 registered with Harni Police Station, Vadodara for the offences under Ss. 498A, 323, 294(b) and 114 of Indian Penal Code and all the consequential proceedings arising therefrom.

(2.) Seeking quashment of questioned FIR, learned advocate for the applicants submits that petitioners are in law and distant relatives of the complainant. It is further submitted that complainant has made general allegations against the petitioners in typical fashion to enrope applicants in the offence. It is further submitted that FIR even if taken on its face value, it could not establish offence of Sec. 498(A) and 323 of IPC. Reading questioned FIR, learned advocate for the applicants submits that right to file FIR has been misused by complainant and it is filed to pressurize the petitioners and therefore, it is submitted to allow the petition.

(3.) Learned APP for respondent - State opposing plea to quash the FIR would submit that according to FIR, the petitioners were inciting husband of the complainant and it was root cause for offence alleged against the husband. In view of that, it is submitted that let trial to conduct against the petitioners to test veracity of the allegations. On this grounds, it is submitted to dismiss the petition.