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2016 Supreme(Guj) 823

J.B.PARDIWALA
JAFAR ABBAS RASOOLMOHAMMAD MERCHANT – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR GM JOSHI, ADVOCATE for the Applicant.
MR ANKIT SHAH, ADVOCATE for the Respondent No.2.
MR MTM HAKIM, AS AMICUS CURIAE MR KL PANDYA, APP for the Respondent No. 1.

JUDGMENT :

J.B. PARDIWALA, J.

1. Since the issues involved in both the captioned petitions are more or less the same, those were heard analogously and are being disposed of by this common judgment and order.

CRIMINAL MISCELLANEOUS APPLICATION NO.14361 OF 2010:

2. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant – original accused seeks to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No.7307 of 2004 pending in the Court of the learned Chief Judicial Magistrate, Bhavnagar, arising from the First Information Report lodged by the respondent No.2 herein registered with the Bhavnagar Mahila Police Station as C.R. No.I-13 of 2004 for the offence punishable under Sections 498A, 323, 504, 506(2), 494, 406, 420 read with Section 114 of the Indian Penal Code, and also under Sections 3 and 7 of the Dowry Prohibition Act.

3. The case of the prosecution may be summarized as under:

3.1 The respondent No.2 herein – original first informant, a native of Bhavnagar, got married to the applicant herein, a resident of Raipur, Chhattisgarh on 03.12.1997. In the wedlock, a daughter named ‘Alaiya’ was born





























































































































































































































































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