SHAILESHBHAI RANCHHODBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By a common impugned judgment and order dtd. 14/9/2011, a learned Judge of the High Court of Gujarat dismissed Criminal Miscellaneous Application No.5245 of 2003 (Shaileshbhai Ranchhodbhai Patel & Anr. v. State of Gujarat & Ors.) and Criminal Miscellaneous Application No. 14383 of 2005 (Shainan Shaileshbhai Patel v. State of Gujarat & Anr.).

(2.) Criminal Appeal No.1884/2013 and Criminal Appeal No.1885 of 2013, by special leave, are at the instance of the complainant's parents-in-law and husband, respectively, questioning such judgment and order whereby the learned Judge refused to quash FIR No.I-405/2022 dtd. 21/12/2002 [FIR] under Sec. 498-A of the Indian Penal Code, 1860 registered at J.P. Road Police Station, Vadodara, Gujarat and consequently dismissed the petitions of the appellants under Sec. 482 of the Code of Criminal Procedure, 1973 [Cr. PC].

(3.) A bare reading of the impugned judgment and order reveals what primarily weighed with the learned Judge to refuse the prayer for quashing. The officer entrusted to investigate the FIR upon collection of materials had filed a charge-sheet under Sec. 173(2) of the Cr. PC. This led the learned Judge to hold that a prima facie case having been made out against the appellants, the FIR was not required to be quashed and set aside in exercise of powers under Sec. 482 of the Cr. PC.