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Shakuntalaben vs State

High Court Of Gujarat|21 March, 2012

JUDGMENT / ORDER

This application under Section 482 of the Code of Criminal Procedure, 1973 is filed by the applicants with a prayer to quash first information report, C.R. No.I-640 of 2011 registered with Palanput City Police Station for the offences punishable under Sections 504, 506(2) and 114 of the Indian Penal Code.
Learned counsel for the applicants would submit that the said FIR is nothing, but an abuse of process of law and a false case is registered. On the contrary, the applicants were assaulted by the complainant and other persons, for which one of the applicants has lodged FIR, C.R. No.639 of 2011 with Palanput City Police Station and, therefore, the complaint impugned is filed with an oblique motive on the part of the complainant and, therefore, deserves to be quashed and set aside.
With regard to both complaints, investigation is yet not completed and, considering the allegations, prima-facie, it cannot be said at this stage that the ingredients of the offences alleged against the applicants are not made out. On the contrary, the applicants had initially threatened the complainant with dire consequences. Hence, at this stage, this Court would not like to enter into merits of the allegations and this application is rejected summarily.
(ANANT S. DAVE, J.) (swamy) Top
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Title

Shakuntalaben vs State

Court

High Court Of Gujarat

JudgmentDate
21 March, 2012