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1993 Supreme(Guj) 56

A.N.DIVECHA
AMITKUMAR MULJIBHAI BRAHMBHATT – Appellant
Versus
STATE – Respondent


Advocates Appeared: AMIT PANCHAL, B.M.GUPTA, R.D.DAVE

DIVECHA, J.

( 1 ) THE petitioners have moved this Court under Sec. 482 of the Code of Criminal Procedure, 1973 (the Cr. P. C. for brief) for quashing the criminal complaint inter alia lodged against them by respondent No. 2 herein in the Court of the Metropolitan Magistrate of Court No. 3 at ahmedabad charging all the accused including the petitioners named therein as accused Nos. 3 and 4 with the offence punishable under Sec. 494 read with Sec. 114 of the Indian Penal Code, 1860 (the I. P. C. for brief ).

( 2 ) THE facts giving rise to this petition are not many and not much in dispute. Respondent No. 2 claims to have married one Mukeshkumar chhatrasinh some 7 years ago. According to her, during the subsistence of her marriage with her husband, he contracted a second marriage with one Gitaben Bhailalbhai Barot who is arraigned as accused No. 5 in the complaint. According to respondent No. 2, the other accused including the mother of the husband and the father of accused No 5 and the present petitioners and one Ratilal Ishwarbhai abated the commission of the offence by the husband of respondent No. 2. With these allegations, she lodged one complaint before the Metropolitan Magistr










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