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Kantiji Rupsangji Thakor vs State Of Gujarat

High Court Of Gujarat|02 October, 2023
By way of present application, applicants have prayed to quash and set aside the impugned FIR being I­C.R. No.11206001200002 of 2020 registered with Mahila Police Station, Dist­Mehsana on 06.08.2020 for the offence punishable under Sections 498(A), 377 and 114 of the Indian Penal Code and under Section 4 of Dowry Prohibition Act and to stay further proceedings thereof qua the applicants.
Heard learned advocate for the applicants. It is submitted by learned advocate for the applicants that applicant Nos.2 and 3 have never even an occasion to stay under a common roof with respondent No.2 but are already Page 1 of 3 Downloaded on : Sat Aug 29 03:07:21 IST 2020 R/CR.MA/12062/2020 ORDER married ladies and are staying with their respective families at Vadodara and Ahmedabad. That, applicant No.1, who is the father­in­law of respondent No.2, in the entire body of the FIR, there is only a sole allegation levelled against applicant No.1 of he having, on one occasion reprimanded respondent No.2 by saying that his own daughter was given about 10 tolas of gold whereas respondent No.2 has not brought enough dowry from her parental house. That there is only a casual reference made in the entire FIR so that the relatives of husband of respondent No.2 are brought to book under an offence punishable under Section 498A of the Indian Penal Code with no fault of the applicants. It is further submitted that casual reference of names of distant relatives of the husband will not suffice in order to make out a case under Section 498A of the Indian Penal Code rather the definition of cruelty demands. It is further submitted that respondent No.2 once having left for her parental house in the month of April, 2019 as referred to in the FIR itself.
Issuer requires consideration.
Page 2 of 3 Downloaded on : Sat Aug 29 03:07:21 IST 2020
R/CR.MA/12062/2020 ORDER Hence, Rule returnable on 25.09.2020. Learned APP waives service of notice of rule for and on behalf of respondent­State.
No coercive action shall be taken against the present applicants till then.
The Investigating Officer may continue the investigation and applicants shall cooperate in the investigation.
Registry is directed to send a copy of this order to the concerned police station through fax or email forthwith.
(B.N. KARIA, J) MARY VADAKKAN Page 3 of 3 Downloaded on : Sat Aug 29 03:07:21 IST 2020
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  • B N Karia