RAMJIBHAI L PITHAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY these applications under section 482 of the Code of Criminal Procedure, 1973 (the Code) the petitioners seek quashment of the first information report being Mahila Police Station, Anand I C.R. No.16/2002 as well as the proceedings of Criminal Case No.5806/2002 which is pending before the Chief Court, Anand.

(2.) THE facts of the case stated briefly are that the respondent No.2 herein lodged the aforesaid complaint against the petitioners of both these applications as well as against Ashokbhai Ramjibhai Pithava her husband (accused No.1) alleging commission of the offence punishable under section 498A read with section 114 of the Indian Penal Code, 1860. The petitioners in Miscellaneous Criminal Application No.4515 of 2003 are the father -in -law, mother -in -law (since deceased) and the brother -in -law of the complainant and the petitioners in Miscellaneous Criminal Application No.4516 of 2003 are the three sister -in -laws (husband -s sisters) of the complainant.

(3.) IT is the case of the petitioners that except for the petitioner No.3 in Miscellaneous Criminal Application No.4516 of 2003 all the other petitioners are residing at Ahmedabad and were at the relevant time residing at Ahmedabad whereas the complainant was residing separately with her husband at Vidyanagar. According to the petitioners with mala fide intention and with the ulterior motive to harass the entire family, a false and fabricated complaint has been filed against the entire family of the husband for the offence under Section 498A read with Section 114 of the Indian Penal Code. It is in these circumstances, that the petitioners have filed the present applications for quashing the compliant in question.