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Criminal

Apekshaba W/O Purvajitsinh Bhimsinh ... vs The State Of Gujarat

Court
Gujarat High Court
Date
13 December 2024
Case No.
R/Special Criminal Application (Quashing) No. 4819 of 2021
Bench
Honourable Mr. Justice Niral R. Mehta
Acts & Sections
Constitution §226 Constitution §227 CrPC §482
Headnote AI-drafted · Reviewed and approved
The petitioner, sister-in-law of the complainant, filed a petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code seeking to quash FIR No. 11216008200552 of 2020 registered with Sector-7 Police Station, Gandhinagar, and the subsequent criminal proceedings in Criminal Case No. 323/2021 pending before the Chief Judicial Magistrate First Class, Gandhinagar.

The FIR was lodged by the complainant Rinkuba @ Rakshitakunwarba, wife of Krunalsinh Ghanshyamsinh Gohil, alleging that after her marriage on 29/04/2018, she was subjected to harassment, taunting regarding dowry, and physical and mental torture by her husband, mother-in-law, father-in-law, and the petitioner (sister-in-law Apekshaba). The complainant further alleged that her husband had contracted a second marriage with Rinkalba Jhala on 21/09/2019 without her knowledge, and that when she sought to report the matter to the police, her mother-in-law threatened to commit suicide.

The petition sought quashing of the FIR and all subsequent proceedings arising therefrom, as well as an interim stay of the criminal case pending final disposal of the application.
Catchwords: quashing of FIR · dowry harassment · domestic violence · sister-in-law · bigamy · Article 226 · Article 227 · Section 482 CrPC · matrimonial dispute

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Filed under

Quashing of FIR (Section 482 CrPC / 528 BNSS)

Full Judgment Text

[Cites 16, Cited by 0] Gujarat High Court Apekshaba W/O Purvajitsinh Bhimsinh ... vs The State Of Gujarat on 13 December, 2024 NEUTRAL CITATION R/SCR.A/4819/2021 ORDER DATED: 13/12/2024 undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 4819 of 2021 ========================================================== APEKSHABA W/O PURVAJITSINH BHIMSINH GOHIL Versus THE STATE OF GUJARAT & ANR. ========================================================== Appearance: MR JV VAGHELA(5809) for the Applicant(s) No. 1 MR HK PATEL, APP for the
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