PARULBEN DEVPARI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioners have prayed for quashing and setting aside FIR being C.R.No.I - 29 of 2017 registered with Junagadh "A" Division Police Station, for the offences punishable under Ss. 306, 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioners herein.

(2.) Brief facts of the case as observed from the pleadings are as under:-

(3.) Learned advocate Mr. Pratik Barot would mainly submit that the incident took place on 2/2/2017, but the FIR has been lodged on 9/3/2017, after giving a well thought to the alleged incident. He would further submit that the FIR is delayed by one and half months, which is registered for the offences punishable under Sec. 306 and 114 of the IPC. He would further submit that the FIR is a well designed FIR and filed to rope the present petitioners who have not played any active or passive role in commission of the alleged offence. Taking this court through the contents of the FIR, learned advocate Mr Barot would submit that it is mainly alleged in the FIR that the deceased husband was instigated by his wife or her relatives for living separately from his parents, and such kind of allegations are persistently written in the entire FIR. He would further submit that along with the allegation of living separately from the parents, it is further alleged that the deceased was pressurized to live as resident son-in-law and to give 10,00,00 towards Rs.10,00,00.00 towards giving divorce. giving divorce.