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J.B.PARDIWALA
Bhartiben Bipinbhai Tamboli – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Counsel for the Parties:
For the Applicant in Criminal Application No.5672 of 2016:Mr. KS Nanavati, Senior Advocate for Nanavati Associates, Advocate
For the Applicant in Criminal Application No.9799 of 2016:Mr. Soparkar, Senior Advocate with Dipen Desai, Advocate
For the Respondent No.2 to 4 in Both appeal:Mr. Jay M Thakkar, Advocate
For the Respondent No.1 in Both appeal: Mr. DM Devnani, APP

ORDER

J.B. Pardiwala, J.—In the Affairs of this World, Men are saved, not by Faith, but by the Lack of it. Benjamin Frenklin.

2. As the issues raised in both the captioned applications are the same and the prayer is also to quash the selfsame proceedings initiated under the provisions of the Protection of Women from Domestic Violence Act, 2005, those were heard analogously and are being disposed of by this common judgment and order.

3. The Special Criminal Application No.5672 of 2016 has been filed by the mother-in-law of the respondent no.2. The respondents nos.3 and 4 are the grandchildren of the writ-applicant. The respondent no.2 is married to one Mehul Bipinbhai Tamboli i.e. the son of the writ-applicant. In the wedlock, the respondents nos.3 and 4 were born.

4. The writ-applicant herein has prayed for the following reliefs:-

“26(A) be pleased to quash qua the present petitioners the impugned complaint registered as Criminal Miscellaneous Application No.131 of 2016 and pending before Chief Judicial Magistrate’s Court, Bhavnagar and the impugned Order dated 05.04.2016 pass



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