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2022 Supreme(Guj) 647

ILESH J.VORA
Kamlesh @ Rinku Mohanlal Upadhyay – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR RUTURAJ NANAVATI
For the Respondent: MAITRI P PATEL, MR MANAN MAHETA,

ORDER :

1. By way of this application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”), the applicants have prayed for following substantial reliefs:

    “(A) Your Lordships may be pleased to admit and allow this application;

(B) Your Lordships may be pleased to quash and set aside the order and judgment dated 03.03.2022 passed in Criminal Case No.5187 of 2017, by the Honourable 3rd Additional Chief Metropolitan Magistrate, Ahmedabad (Rural) for the offences punishable under Sections 498(a), 323, 294(b), 506(1) and 114 of Indian Penal Code, 1860 read with 3 and 7 of Dowry Prohibition Act, 1961 and all consequential proceedings thereof;”

2. Necessary facts giving rise to filing of the present application are stated to be as under:

2.1 That, the respondent no.2 on 21.05.2017, has lodged the impugned FIR alleging that on 30.11.2016, she had married to original accused no.1 and after four days of the marriage, all the accused started harassing her for household work and also demanded dowry as alleged in the FIR. That, the accused no.1 had abused and beaten the complainant. That, the complainant on account of frequent quarrel and torture of

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