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Criminal

Ghanshyamsinh Umedsinh Gohil vs The State Of Gujarat

Court
Gujarat High Court
Date
13 December 2024
Case No.
R/Special Criminal Application (Quashing) No. 4853 of 2021
Bench
Honourable Mr. Justice Niral R. Mehta
Acts & Sections
Constitution §226 Constitution §227 CrPC §482
Headnote AI-drafted · Reviewed and approved
The petitioners, father-in-law and mother-in-law of the complainant, approached the Gujarat High Court under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, seeking quashing of FIR No. 11216008200552 of 2020 registered with Sector-7 Police Station, Gandhinagar, and the consequent Criminal Case No. 323/2021 pending before the Chief Judicial Magistrate First Class, Gandhinagar.

The complainant, Rinkuba @ Rakshitakunwarba, alleged that after her marriage on 29/04/2018 with the son of the petitioners, she was subjected to harassment, taunting regarding dowry, physical and mental torture by her husband, in-laws and sister-in-law. She further alleged that her husband had contracted a second court marriage with Rinkalba Jhala on 21/09/2019 without her knowledge, and that when she sought to lodge a police complaint, her mother-in-law threatened to commit suicide by consuming poison.

The petition sought quashing of the FIR and all subsequent proceedings arising therefrom, along with a stay on further proceedings in the criminal case pending final disposal of the application.
Catchwords: quashing of FIR · dowry harassment · cruelty · bigamy · matrimonial offence · Articles 226 and 227 · Section 482 CrPC · father-in-law · mother-in-law · second marriage

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Filed under

Quashing of FIR (Section 482 CrPC / 528 BNSS) Cruelty and Section 498A IPC / 85 BNS

Full Judgment Text

[Cites 17, Cited by 0] Gujarat High Court Ghanshyamsinh Umedsinh Gohil vs The State Of Gujarat on 13 December, 2024 NEUTRAL CITATION R/SCR.A/4853/2021 ORDER DATED: 13/12/2024 undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 4853 of 2021 ========================================================== GHANSHYAMSINH UMEDSINH GOHIL & ANR. Versus THE STATE OF GUJARAT & ANR. ========================================================== Appearance: MR JV VAGHELA(5809) for the Applicant(s) No. 1,2 MR HK PATEL, APP for the Respondent(s) N
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