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[Cites 6, Cited by 0]

Gujarat High Court

Vinaben @ Vishni Khashaldas Parwani vs State Of Gujarat on 23 February, 2021

Author: B.N. Karia

Bench: B.N. Karia

           R/CR.MA/3264/2021                                ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 3264 of 2021

==========================================================
           VINABEN @ VISHNI KHASHALDAS PARWANI & 1 other(s)
                               Versus
                    STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
MR JV VAGHELA(5809) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                               Date : 23/02/2021

                                ORAL ORDER

By way of present application, applicants have prayed to quash and set aside the FIR being C.R.No.11211001200002 of 2020 registered with Mahila Police Station, Dist.: Surendranagar for the offence punishable under Sections 498(A), 323, 506(2) and 114 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act and have further prayed to stay further proceedings thereto.

Heard learned advocate for applicants.

It is submitted by learned advocate for applicants that applicant no.1 is the mother­in­law of respondent no.2 and is aged about 66 years old widow lady and suffering from old aged Page 1 of 2 Downloaded on : Thu Feb 25 00:42:33 IST 2021 R/CR.MA/3264/2021 ORDER diseases and applicant no.1 was also suffering from heart disease and was operated. That if the impugned FIR is perused then, it is alleged that respondent no.2 has been evicted from her matrimonial home before 4 years and in fact, respondent no.2 herself left the matrimonial home with all her ornaments which applicant no.1 has given at the time of marriage. Hence, present FIR is lodged after a delay of 4 years. That applicants are released on bail by the Competent Court of law.

Issue requires consideration.

Hence, Rule, returnable on 20.04.2021. Learned APP waives service of notice of Rule for and on behalf of the respondent­State.

No chargesheet shall be filed by the concerned 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/ Page 2 of 2 Downloaded on : Thu Feb 25 00:42:33 IST 2021