MAMTA MAHESHBHAI MATWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code for the sake of brevity), the applicants have prayed for quashing the FIR registered as CR No.I -198 of 2013 lodged with Sardarnagar Police Station, Ahmedabad for the alleged offence punishable under Sections 323, 406, 498(A), 504, 506(2), 114 of the IPC and Sections 3 and 7 of Dowry Prohibition Act. It may be noted that the present application is filed by the original accused Nos.4 and 5 and the application is limited only qua the applicants.

(2.) FACTS which can be culled out from the record of the petition are as under: -

(3.) AT this juncture, it may be noted that the husband of respondent No.2 has served a legal notice dated 10.6.2013 through his learned advocate (Annexure -E to the petition) which has been replied by respondent No.2 through her learned advocate at Annexure -R1. The record further reveals that respondent No.2 had also approached Sahiyar Stree Sangathan which is evident from the communication addressed to the husband of respondent No.2 dated 30.3.2013. The present application is preferred for quashing the impugned FIR which came to be registered on 13.6.2013 immediately and this Court (Coram: S.R. Brahmbhatt, J.) by an order dated 27.6.2013 has admitted the matter and by ad -interim relief, the proceedings in respect of the impugned FIR qua the present applicants have been stayed.