Parulben W/O. Dilipkumar Patel vs State Of Gujarat
2021 Latest Caselaw 1547 Guj

        R/CR.MA/2086/2021                                     ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 2086 of 2021

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                   PARULBEN W/O. DILIPKUMAR PATEL
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 02/02/2021

                             ORAL ORDER

By way of present application, the applicant has prayed to

quash and set aside the FIR being C.R.No.11191030200071 of

2020 registered with Mahil East Police Station, Dist.: Ahmedabad

City for the offence punishable under Sections 498(A), 323, 294(b)

and 114 of the Indian Penal Code and has further prayed to stay

further proceedings thereto.

Heard learned advocate for the applicant.

It is submitted by learned advocate for the applicant that the

applicant is a sister­in­law of respondent no.2 and elder sister of

husband of respondent no.2 got married with one Dilipbhai Patel

on 24.02.2002 i.e. 16 years prior to the marriage o respondent no.2

R/CR.MA/2086/2021 ORDER

and is since then residing at Kadi, Dist.: Mehsana. That respondent

no.2 is unnecessary oppressed and harassed by making her one of

the accused of the said impugned FIR with no part to play in a

marital life of respondent no.2 and her husband. In support of his

submissions, learned advocate for the applicant has relied upon the

judgment of the Hon'ble Supreme Court of India in the case of

Rashmi Chopra Vs. State o Uttar Pradesh reported in 2019(15)

SCC 357. That the applicant was released on anticipatory bail by

the Competent Court of law.

Issue requires consideration.

Hence, Rule, returnable on 30.03.2021. Learned APP waives

service of notice o Rule for and on behalf of the respondent­State.

No chargesheet shall be filed by the Investigating Officer

without prior permission of this Court till the next date of hearing.

Registry is directed to send a copy of this order to the concerned Police

Station through fax or email forthwith.

(B.N. KARIA, J) rakesh/