ANAS FARUKBHAI ANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed seeking quashing of the F.I.R. registered at Dahod Mahila Police Station, District Dahod, being C.R.No.II-103 of 2014 for the offence punishable under Sections 498-A, 504, 506(2) and 114 of the Indian Penal Code, 1860 ('the IPC' for short) and under Sections 3 and 7 of the Prevention of Domestic Violence Act, 2005 ('the D.V. Act' for short)

(2.) At the outset, learned advocate Mr.Umarfaruk Kharadi has submitted that the impugned F.I.R. was lodged with deliberate delay and with oblique motive and the same is required to be quashed and set aside. He has submitted that the impugned F.I.R. came to be lodged complaining the demand of dowry after the pronouncement of Talaq (divorce). He has also submitted that the respondent no.2-complainant has also filed the proceedings under the D.V.Act and application for maintenance as provided under Section 125 of the Code of Criminal Procedure Code, 1973 (for short "the Cr.P.C.") before the court of Judicial Magistrate First Class, Dahod. He has further submitted that the impugned F.I.R. is nothing but abuse of the process of law. It is further submitted that as per the say of the complainant, she was divorced on 01.11.2014 in column No.6 of the F.I.R. her name is mentioned and she is wife of the applicant no.1. Thus, he has submitted that the impugned F.I.R. is required to be quashed and set aside.

(3.) Learned advocate Mr.Kharadi for the applicants has submitted that as per the F.I.R., the incident happened at Dahod. He has submitted that no such alleged incident as mentioned in the impugned F.I.R. has occurred since the F.I.R. was sent through Registered Post A.D. from Godhra to Dahod, which was received by the father of the respondent no.2 on 03.11.2014. He has further submitted that looking to the conduct of the complainant, no incident has been lacking in the domestic violence application filed under the D.V. Act though the same was allegedly happened in the year 2014. He has further placed reliance on the order passed in Criminal Misc. Application No.427 of 2014 filed by the complainant before the Additional Chief Judicial Magistrate First Class, Dahod wherein the present complainant has specifically stated that the complaint is filed for claiming the maintenance only. He has submitted that as per the said order, no cruelty is proved against the present applicants and hence, the impugned F.I.R. is required to be quashed and set aside.