AMRUTLAL KANJIBHAI BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, Mr.H.M.Prachchhhak and learned APP, Ms.Falguni Patel, for the respondent No.1.

(2.) THE respondent No.2 -complainant -Sarlaben Hiteshkumar Barot lodged a complaint before the Jam Khambhalia Police Station, District Jamnagar, on 31 -8 -1999 against five persons including the present four petitioners. It reflects from the FIR that the marriage of the respondent No.2 took place with the accused No.1 i.e. Hiteshkumar Amrutlal Barot six years prior to the complaint and thereafter they were staying together as husband and wife. During their wedlock, they had a male child named Jaydeep. At the time of filing of the complaint, the complainant had categorically narrated the allegations against her husband Hiteshkumar and hence the complaint has been registered for the offences punishable under Sections 498 -A, 420, , 120(b), 504, 506(2), 114 and 34 of IPC and Sec.3 and 4 of Dowry Act as Jam Khambhalia Police Station I.C.R.No.154 of 1999 on 1 -8 -1999.

(3.) BEING aggrieved and dissatisfied with the same, present petitioners numbering four had filed this petition under Sec.482 of the Code of Criminal Procedure praying for quashing of the complaint mainly on the ground that the complaint is lodged after a period of six years. It is submitted by Mr.Prachachhak that the complainant had also filed an application under Sec.125, Cr.P.C. praying for maintenance of herself and her son Jaydeep. Thereafter, just to pressurise the petitioners and her husband, this false complaint has been filed. It is therefore requested that the said complaint be quashed.