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2015 Supreme(Guj) 351

ABHILASHA KUMARI
Sachin Shreekant Marathi – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Hemant K. Makwana, Advocate
For Respondents/Defendant: Chetna M. Shah, Addl. Public Prosecutor

JUDGMENT

Abhilasha Kumari, J.

1. Rule. Ms. Chetna M. Shah, learned Additional Public Prosecutor, waives service of notice of Rule for respondent No. 1. Mr. Kamlesh S. Kotai, learned advocate states that he has received instructions to appear on behalf of respondent No. 2-Complainant and would be filing his Vakalatnama in the Registry, during the course of the day. He is permitted to do so. He waives service of notice of Rule for respondent No. 2-Complainant. Considering the facts and circumstances in which the matter arises, it is being heard and decided finally, at this stage, with the consent of the learned counsel for the respective parties.

2. This application under Section-482 of the Code of Criminal Procedure, 1973 (the Code) has been preferred by the applicants with a prayer to quash and set aside the FIR, being C.R. No. II-3090/2013 registered with Naroda Police Station, Ahmedabad, on 08.05.2013, in connection with offences under Sections-506(1) and 114 of the Indian Penal Code.

3. The case of the prosecution is that on 24.02.2013, at about 2.00 p.m., respondent No. 2-Complainant and his son were present at their residence. At that time, the applicants allegedly passed through














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