LAWS(GJH)-2018-5-77

SHABBIRKHAN SAHEBKHAN KHOKHAR Vs. STATE OF GUJARAT

Decided On May 03, 2018
Shabbirkhan Sahebkhan Khokhar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By this application under section 482 of the Code of Criminal Procedure, 1973, the applicants - original accused, seek to invoke the inherent powers of this Court praying for quashing of the First Information Report being CR No. I-18 of 2017 registered with the Deodar Police Station, District: Banaskantha, for the offence punishable under Sections 395, 323, 294(B) and 506(2) of the IPC.

(2.) I take notice of the fact that the applicant no. 1 is the husband of the respondent no. 2. The other applicants are the relatives of the husband. The FIR lodged by the respondent no.2 is extracted hereunder:-

(3.) Prima facie, it appears to be a case of matrimonial dispute between the husband and wife. Even if I accept the entire case of the first informant as it is, in my view, none of the ingredients to constitute the offence of dacoity punishable under Section 395 of the IPC are spelt out.