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2021 Supreme(Guj) 425

GITA GOPI
MAYUR CHETANBHAI SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MRS NISHA M. PARIKH
For the Respondent: MR SL VAISHYA, MS MONALI BHATT, Adv

JUDGMENT :

1. Rule returnable forthwith. Ms.Monali Bhatt, learned APP waives service of notice of rule on behalf of the respondent State and Mr.S.L.Vaishya, learned advocate waives service of notice of rule on behalf of respondent No.2.

2. The present application is filed under section 482 of the Code of Criminal Procedure, 1973 (“the Code” for short) with a prayer to quash the FIR being CR No.I – 63 of 2018 dated 3.11.2018 lodged with East Mahila Police Station, Ahmedabad City for the offence punishable under sections 498-A, 323, 294(b) and 114 of Indian Penal Code and sections 3 and 7 of the Dowry Prohibition Act 1961.

3. It is stated by the applicants that FIR has been lodged by the complainant for oblique and ulterior motive and that the same is in sheer abuse of the process of law and Court and therefore, it is required to be quashed.

4. Ms.Nisha Parikh, learned advocate for the applicants has submitted that applicant No.1 and respondent No.2 are husband and wife and their marriage had solemnized in the year 2015 and out of the said wedlock, they have a daughter. She further submitted that after marriage, respondent No.2 along with her husband was residing with inlaws who are appl

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