Ravindrabhai Adharbhai Nagrale vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1378

VAIBHAVI D. NANAVATI
Ravindrabhai Adharbhai Nagrale – Appellant
Versus
State of Gujarat – Respondent

Advocates Appeared:
For the Applicant : Mr. P.P. Majmudar.
For the Respondent: Mr. A.A. Zabuawala, Ms. Maithili Mehta, Additional Public Prosecutor.

ORDER :

1. Heard Mr. Panthil P. Majmudar, the learned advocate appearing for the writ-applicants, Ms. Maithili D. Mehta, the learned Additional Public Prosecutor appearing for the respondent No.1 - State and Mr. A.A. Zabuawala, the learned advocate appearing for the respondent No.2 - original complainant.

2. By way of the present writ-application the writ-applicants are invoking Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 and the applicants herein have prayed for quashing of FIR being C.R. No.I-43 of 2016 registered with Mahila Police Station, District : Surat for the offences punishable under Sections 498(A), 323, 504, 506(2) and 114 of the Indian Penal Code, 1860.

3. The brief facts giving rise to the filing of the present petition as stated by the applicants herein reads thus :-

3.1 It is stated that the respondent No.2 filed the impugned FIR on 23.11.2016, alleging that the marriage of the respondent No.2 with the petitioner no.1 was solemnized on 25.05.1998 as per Hindu Rites and Rituals. It is alleged by the respondent No.2 - original complainant that the respondent No.2 was treated well by the writ-applicants, however, a