BHANUPRASAD GOVINDBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under section 482 of Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code' for short)in which the applicants have prayed that the FIR being C.R.No.II-266 of 2012 registered with Godhra Taluka police station for the offences punishable under Sections 498A, 323, 504, 506(2) and 114 of Indian Penal Code as well as under sections 3 and 5 of the Dowry Prohibition Act and the proceedings arising pursuant to the said FIR be quashed and set aside.

(2.) Heard learned advocate Mr.C.R.Mishra for the applicants, learned APP Mr.Devnani for respondent no.1-state and learned advocate Mr.V.M.Pathan for respondent no.2-original complainant.

(3.) Learned advocate Mr.Mishra submitted that the impugned FIR is filed by the respondent no.2 against the applicants who are father-in-law and mother-in-law of the respondent no.2- complainant under Sections 498-A, 323, 504, 506(2) and 114 of Indian Penal Code as well as under sections 3 and 5 of the Dowry Prohibition Act. It is submitted that in the impugned FIR, the complainant has referred about the incident dated 3.11.2012 which is alleged to have occurred at the place of the applicants. It is alleged in the said FIR that the applicants have given physical and mental torture to the complainant and used abusive language. It is also alleged that demand of Rs. 5 lacs was also made by the applicants and the complainant and her husband were driven out from the house of the applicants.