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2023 Supreme(Guj) 1038

ILESH J. VORA
Mayaben Maganbhai Rabari – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. Jit P Patel
For the Respondent: Mr L B Dabhi APP, Harisinh Thakore

JUDGMENT :

1. By way of this application, under Section 482 of the Cr.P.C, the applicants – original accused Nos. 7 to 10, seek to invoke inherent powers of this Court praying for quashment of proceeding of private complaint filed by respondent no. 2 bearing Criminal Case No. 3397 of 2015, for the offence punishable under Section 494 of the IPC.

2. Facts and circumstances giving rise to file the present application are that, the respondent no.2 married to accused no.1 Popatbhai @ Kesharbhai Desai. According to say of the respondent no.2, during the subsistence of her marriage, the accused no. 1 contracted a second marriage with accused no. 7 Mayaben and same was performed on 08.09.2015. She came to know about the second marriage through one Kamlesh Ranabhai, who was present at the time of second marriage ceremony and according to the input given by the witness Kamleshbhai, the accused have facilitated the solemnization of second marriage and were present at the time of marriage. The accused no. 7 is the person with whom the second marriage was performed, whereas, the accused nos. 8, 9 and 10 are the father, mother and brother of the second wife accused no. 7. It is alleged that, the

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