Yogendrabhai Harjivanbhai ... vs State Of Gujarat
2023 Latest Caselaw 5621 Guj

                                                                                         NEUTRAL CITATION




     R/CR.MA/2140/2018                                      ORDER DATED: 03/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 2140 of 2018

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           YOGENDRABHAI HARJIVANBHAI RATHOD & 5 other(s)
                             Versus
                  STATE OF GUJARAT & 1 other(s)
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Appearance:
MR. MH SHEKHAWAT(7194) for the Applicant(s) No. 1,2,3,4,5,6
Though served, none for the Respondent(s) No. 2
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                              Date : 03/08/2023

                                   ORAL ORDER

1. The present application is filed by the applicants

under Section 482 of the Code of Criminal Procedure, 1973,

for quashing the impugned FIR being C.R. - I No.30 of 2017

registered before the Modhera Police Station, Mehsana for the

offences punishable under Sections 498(A), 323, 504 and 114

of the Indian Penal Code.

2. Rule. Learned APP waives service of notice of rule

for and on behalf of respondent - State. Though served, the

complainant has chosen not to appear and contest this

application before this Court.

3. When the matter is called out, learned advocate

for the applicants has tendered a copy of the judgment

NEUTRAL CITATION

R/CR.MA/2140/2018 ORDER DATED: 03/08/2023

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passed by the learned trial Court in Criminal Case No.728 of

2019 dated 25.11.2022, whereby the trial qua applicant No.1

is decided by the learned trial Court and the learned trial

Court has acquitted the applicant No.1 - husband from the

charges levelled against him, by observing that the

complainant is not supported the case of the prosecution; and

further the complainant is declared hostile by the prosecution;

and further the learned trial Court has observed, while

referring the deposition of the complainant - Exh.11, that the

complainant has clearly stated in her deposition that the in-

laws have not harassed the complainant.

4. In view of above, since the complainant herself

turned hostile before the learned trial Court in the trial

proceedings against the husband, as observed by the learned

trial Court in its judgment dated 25.11.2022 passed in

Criminal Case No.728 of 2019 vis-a-vis the deposition of the

complainant herself (Exh.11) recorded before the learned trial

Court that the complainant is not harassed by her in-laws,

the prayers made in this application need to be allowed in

view of the decision of the Hon'ble Apex Court in the case of

Gian Singh versus State of Punjab reported in 2012 (10) SCC 303. Therefore, the impugned complaint needs to be quashed and set aside qua the applicants - the in-laws.

NEUTRAL CITATION

R/CR.MA/2140/2018 ORDER DATED: 03/08/2023

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5. For the reasons recorded above, the following order is

passed.

5.1 The present application is allowed qua the

applicants.

5.2 The impugned FIR being C.R. - I No.30 of 2017

registered before the Modhera Police Station, District :

Mehsana is hereby quashed and set aside qua the applicants.

5.3 The consequential proceedings arising from the

impugned FIR, if any, are also hereby quashed and set aside

qua the applicants.

5.4 Rule is made absolute accordingly.

Direct service is permitted.

(SANDEEP N. BHATT,J) M.H. DAVE