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2020 Supreme(Guj) 645

GITA GOPI
Vaishali D/o Ramniklal Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. Jimit P. Shah, Mr. Bhanukumar B. Agrawal.
For the Respondent: Mr. Panam C. Soni, Mr. Pranav Trivedi, Addl. Public Prosecutor.

JUDGMENT :

1. Rule. Mr. Pranav Trivedi, learned Additional Public Prosecutor and Mr. Panam Soni, learned advocate, waives service of note of rule on behalf of the respective respondents. With the consent of learned advocates on both the sides, the matter is heard today finally.

2. This application has been filed under section of the Criminal Procedure Code (hereinafter referred to as “the Code”) with the prayer to quash and set aside the impugned complaint being FIR No.11191042200020 of 2020 registered with Satellite Police Station for the offence punishable under sections 406, 420 and 114 of IPC.

3. The facts in brief are that on 11.01.2020, respondent No.2 herein, original complainant, filed a complaint being FIR No.11191042200020 of 2020 with Satellite Police Station inter alia alleging that original accused No.1 is a Partner of the partnership firm named M/s. Co-pack Laminators LLP, whereas original accused No.2, the applicant herein, is the wife of original accused No.1 and original accused No.3 is the father of original accused No.2.

3.1 It is the say of the original complainant in the impugned complaint that he had paid total amount of Rs.2,88,06,000/-, including gold ornaments,

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