SHARIFABEN IQBALBHAI SEIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, returnable forthwith. Learned Additional Public Prosecutor Mr.Ronak Raval waives service of Rule on behalf of the respondent-State. Learned advocate Mr.Gajendra Sharma waives service of Rule for private respondent-original complainant. The application was taken up for final consideration.

(2.) It is in connection with the First Information Report bearing Crime Register No.I-93 of 2017 registered with Mahila Police Station, Rajkot City on 05th April, 2017 against the present applicants-accused for the offences under Sections 504, 306 and 114 of the Indian Penal Code, 1860, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicants.

(3.) The complainant has stated that marriage between original accused No.1 and deceased were solemnised before 16 years. It is further alleged that in-between period commencing from 01st April, 2017 to 03rd April, 2017 frequent quarrels and heated arguments took place between the original accused No.1 and deceased with regard to alleged illicit relationship of accused No.1 having with some girl at Bombay. It is further alleged that all the accused were used to threaten her for divorce. It is further alleged that on 03rd April, 2017 the complainant was informed that deceased has consumed poison and that she has been shifted to hospital for treatment. It is further alleged that deceased expired on account of having been consumed poison. Thus the impugned F.I.R. came to be lodged against the present applicants and other co-accused.