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Judgment
B.N. Karia, J
By way of present application, the applicants have prayed to quash and set aside the FIR being CR No. 11195051200344 registered with Thara Police Station, Dist: Banaskantha for the offence punishable under Sections 498A, 323, 294B, 506(2) and 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act and further prayed to stay the further proceedings thereof till final disposal of this application.
Heard learned advocate for the applicants.
It was submitted by learned advocate for the applicants that after filing of the charge-sheet, Criminal Case No. 504 of 2020 was given. That, the FIR is arising out of the matrimonial dispute between the applicant no.1 and the complainant. That, applicant no.1 is the husband, applicant no.2 is the father-in-law, applicant No.3 is the mother-in-law, applicant No.4 is the elder brother of the husband (Jeth), applicant no.5 is the cousin elder brother of the husband, applicants No. 6 and 7 are the uncles of the husband, who have been arraigned as accused in the FIR, without there being any allegations against them. That, the case demonstrates a blatant abuse and misuse of provisions of Section 498A of the Indian Penal Code That, in the entire charge sheet papers, there is no specific allegations against the present applicant. That, the statements of the witnesses, who are the brother and uncle of the complainant, are stereotyped. That, there is no role of the applicants in the entire charge-sheet.
Issue requires consideration.
Rule returnable on 9th June 2021. Learned APP waives service of notice of rule for and on behalf of the respondent No.1-State.
Respondent no.2 be served through the concerned Police Station.
Applicants are permitted to produce a copy of medical certificate along with typed copy thereof before the registry of this Court on or before the next date of hearing.