SHAHNAZ KAUSAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the FIR being I-C.R.No.284 of 2016 registered with Vatva Police Station for the offences under Ss. 498A, 323, 294(1), 506(1), 114 of Indian Penal Code and Sec. 3 and 7 of Dowry Prohibition Act and all the consequential proceedings arising therefrom.

(2.) Seeking quashment of questioned FIR, learned advocate for the applicant submits that petitioners are mother in law, sister in law, brother in law of the complainant. It is further submitted that complainant has made general allegations against the petitioners in typical fashion to enrope petitioner 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) of IPC. Reading questioned FIR, learned advocate for the applicant 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 advocate for respondent no.2 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.