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2024 Supreme(Guj) 1009

CHEEKATI MANAVENDRANATH ROY
Mimiksha Mahendragiri Goswami @ Mimiksha Rikinbhai Shah – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Hardik H. Dave.
For the Respondent: Maithili Mehta.

JUDGMENT :

CHEEKATI MANAVENDRANATH ROY, J.

1. Rule. Learned Additional Public Prosecutor waives service. Despite service of notice, none appears for the respondent No. 2. Earlier also, when the second respondent did not turn up for hearing, this Court on 12.07.2023 observed that, the matter will be proceeded on the adjourned day irrespective of absence of respondent No. 2. Thus, considering the controversy involved in the matter, the same is taken up for final hearing today.

2. This criminal misc. application under Section 482 of the Criminal Procedure Code, 1973 (Cr.P.C.) is filed by the petitioners seeking quash of FIR in Crime No. II-3003 of 2019, registered with Satellite Police Station, Ahmedabad for the offences punishable under Section 506(2) and 114 of the Indian Penal Code, 1860 (IPC).

3. Heard, the learned counsel for the petitioners and the learned Additional Public Prosecutor for the State-respondent.

4. Facts of the prosecution case in a nutshell may be stated as follow:

    4.1 The de facto complainant is the husband of the accused No. 1 and the accused Nos. 2 and 3 are the parents of the accused No. 1. As dispute arose between the spouses i.e. the de facto complainant and the

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