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Judgment
Ilesh J. Vora, J
Heard learned advocate for the applicants.
This application is filed for quashment of the FIR being C.R.No.11191048221239 of 2022 registered with Sarkhej Police Station, Ahmedabad City for the offences as mentioned in the FIR.
Admittedly, prior to the FIR, husband of respondent no.2 has passed away. Even after marriage, the husband and wife were living separately for about 5 to 6 years. Applicants are two brothers of the deceased and their wives respectively.
Learned advocate for the applicants, on instructions, states that the applicants are living separately since long and considering the ailments of the deceased husband, they had extended their possible health in terms of money as well. In such circumstances, it is submitted that present FIR is nothing, but abuse of process of law.
Considering the allegations levelled against the applicants herein and peculiar facts and circumstances of present case, let Rule be issued, returnable on 15.06.2023. Learned APP waives service of rule for the respondent – State. Meanwhile, with the continuation of investigation, I.O. shall not file the chargesheet against the applicants and the applicants are directed to cooperate with the investigation.
In view of the facts of the case, proceedings of this matter are hereby referred to the Gujarat High Court Medication Center. The Gujarat High Court Mediation Center shall issue notice to the parties and thereafter, after hearing the parties, prepare report, if any, by 09.06.2023 and send it to the Court.