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2024 Supreme(Guj) 41

ILESH J. VORA
Thakor Chelaji Gabhaji – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. Vijay H Nangesh
For the Respondent: Ms. C. M. Shah APP

ORDER :

1. By way of this application filed under Section 482 of the Cr.P.C., the applicants seek to invoke inherent powers of this Court for quashing of the FIR in CR. No. 11206020220371 of 2022 registered with Kadi Police Station, Dist.: Mehsana, for the offences punishable under Sections 498A, 494, 323, 506(2) and 114 of the Indian Penal Code.

2. This Court has heard learned counsel Mr. Vijay Nangesh and learned Additional Public Prosecutor Ms. C.M. Shah for the respondent State. The private respondent, who has lodged the FIR, though served, is not appeared nor filed reply affidavit.

3. Brief facts giving rise to file present application are that, the marriage of the private respondent with Thakor Kishanji Chelaji was solemnized before 8 years of the date of the registration of the FIR. The private respondent went to matrimonial home where she had lived in a joint family. The husband having extra marital affairs with one Hiralben, as a result, the marriage life took a serious turn and she was compelled to leave the matrimonial home. The parties have executed the customary divorce deed on 28.02.2022. The FIR in question came to be filed on 28.03.2022 against the husband, brother-in-

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