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2015 Supreme(Guj) 340

ABHILASHA KUMARI
Parvpal Rajivpal Singh – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:J.M. Panchal for Maunish T. Pathak, Advocates
For Respondents/Defendant: L.B. Dabhi, Learned Additional Public Prosecutor

JUDGMENT

Abhilasha Kumari, J.

1. Rule. Mr. L.B. Dabhi, learned Additional Public Prosecutor, waives service of notice of Rule for respondent No. 1- State of Gujarat and Mr. Ankit Shah, learned advocate, waives service of notice of Rule for respondent No. 2 (complainant). On the facts and in the circumstances of the case and with the consent of the learned counsel for the respective parties, the application is being heard and decided finally.

2. By preferring this application under Section 482 of the Code of Criminal Procedure, 1973 ("the Code" for short), the applicant has prayed that the FIR being C.R. No.I-87 of 2013, registered with Bopal Police Station, Ahmedabad, against the applicant on 31.10.2013, for offences punishable under Sections 376, 377, 323 and 509 of the Indian Penal Code, as well as the charge-sheet dated 01.01.2014, and subsequent proceedings pending before the learned 8th Additional District Judge, Ahmedabad (Rural), be quashed and set aside.

3. The sum and substance of the allegations made in the FIR are as under:

"3.1 The complainant and the applicant were known to each other since the year 2000, from their college days. After her marriage, the complainant shifted

















































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