Citation : 2021 Latest Caselaw 476 Guj
Judgement Date : 13 January, 2021
R/CR.MA/257/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 257 of 2021
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URVASHIKUMARI HEMENDRASINH SONAGARA
Versus
STATE OF GUJARAT
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Appearance:
MR.DARSHAN A. DAVE(7921) for the Applicant(s) No. 1,2,3,4,5
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 : 13/01/2021
ORAL ORDER
By way of present application, the applicants have prayed
to quash and set aside the FIR being CR No. 11209054201560
of 2020 registered with Vadali Police Station, Dist:
Sabarkantha for the offence punishable under Sections 498(A),
323, 504, 506(2) and 114 of the Indian Penal Code and
Section 4 of the Dowry Prohibition Act and prayed to stay the
further proceedings thereof till final disposal of this
application.
Heard learned advocate for the applicants.
It was submitted by learned advocate for the applicants
that the applicants no. 1 and 2 are sister-in-laws (Nanand) and
the applicants No.3 and 4 are the brother-in-laws (Nandoi)
R/CR.MA/257/2021 ORDER
and the applicant no.5 is the brother-in-law (son of maternal
uncle of husband) of the respondent no.2-original
complainant. That the applicants, being relatives of the
respondent no.2, are residing far away from the residence of
the respondent no.2 at different places and that the complaint
against the present applicants is totally without any basis or
foundation. That, even if all the allegations incorporated
against the applicants in the complaint are taken to the true,
even then no offence could be made out against the present
applicants. In support of his arguments, learned advocate for
the applicants have placed reliance on the judgment of Hon'ble
Apex Court in case of Preeti Gupta versus State of Jharkhand
reported in 2010(7) SCC 667. That, the applicants No. 1, 4
and 5 are released on bail.
Rule returnable on 7th April 2021. Learned APP waives
service of notice of rule for and on behalf of the respondent-
State.
Interim relief, as prayed in para 6(B) of the present
application, stands granted qua the till the next date of
hearing.
R/CR.MA/257/2021 ORDER
Registry is directed to send a copy of this order to the
concerned Police Station through Fax or Email forthwith.
(B.N. KARIA, J) K. S. DARJI
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