IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT: KACHCHH

SPECIAL CRIMINAL APPLICATION NO. OF 2024

In the matter under article 226 &

227 of constitution of India R/w
Section 482 of the Code of
Criminal Procedure, 1973,
And
In the matter in connection with C.
R. No. 11993012240035 of 2024
registered with Mahila Police
Station Kachchh East, Dist:
Kachhchh-East-Gandhidham
And
In the matter between,

1. Savitridevi W/o Shyotasinh Jate Yadav

Age about - 59 Hindu , Occu. Housewife

2. Shyotasinh S/o Matadin Jate Yadav

Age about - 60 Hindu , Occu. Retired
Residing 1 & 2 are at – Prahadpura
Dist: Revari Haryana

3. Rimaben W/o Rahulkumar Jate. Yadav

Age: 35 Hindu, Occ. Service
Residing at: House No. 53, Gali No. 01
Mahavir Nagar, Rewari. Haryana

4. Ritu W/o Pramod Jate. Yadav

Age: 31 Hindu, Occ. Service
Residing at: House No. 105, Nr. Hanuman Temple
Nandha(34) Rewari Haryana

… Applicants
... (Original Accused no. 2 to 5)

VERSUS
 1. State of Gujarat
(Notice to be served through the
Learned Public Prosecutor, the High
Court of Gujarat, at Ahmedabad)

2. Priyankaben W/o Rinkubhai Jate Yadav (Ahir),

Age about – 39 year, Occu. Service
Residing at – D- 355, Iffco Township,
Gandhidham, Kachchh
… Respondents
... (Respondent No. – 2 original
Complainant)

To:
The Honourable Chief Justice and
Other Companion Judges of the
High Court of Gujarat at Ahmedabad.

The humble application of the

applicants above named

MOST RESPECTFULLY SHEWETH THAT: -

1. The applicants are citizen and national of India and are having sound

reputation in the society.

2. The applicants respectfully state that by way of this application the

applicants challenge the complaint filed by the respondent No. 2 against

present applicants in C.R. No. 11993012240035of 2024 registered with

Mahila Police Station, Kachchh- East. Dist: Kachchh-East-Gandhidham

under section 498 A, 323, 504 , 506(2), 114 of the Indian Penal Code

and under Section 3 and 4 of Dowry Prohibition Act, on 28.06.2024. A

copy of the FIR is annexed and marked as ANNEXURE – A to this

application.
3. The short facts leading to the filing of the said complaint are briefly

stated as under:

Bijalben, original complainant, have filed the complaint against

all the accused that they often taunted, harassed, abused and beat

complainant regarding household works and dowry and threatened the

father of the complainant for the same.

4. The applicants are approaching this Honourable Court under its

extraordinary jurisdiction for quashing of the F.I.R. registered against

the applicants on the following amongst other grounds that may be

urged at the time of hearing of this application.

GROUNDS

A. The applicants respectfully say and submit that present applicant

No.3 & 4 is sister-in-law of the complainant Both the present

applicants are residing separately and they only come to the

complainant’s house very occasionally, so on that ground, it may be

pleased to quash the complaint in interest of justice.

B. The applicants respectfully say and submit that the allegations made

in the complaint that the applicants taunted her, tortured her and

demanded dowery from her are not true and correct and therefore

also on that ground, it may be pleased to quash the complaint in

interest of justice.

C. The applicants respectfully say and submit that complain given by

the complainant does not disclose the commission of the offence of

 the cruelty or torture to the complainant, on that ground pleased to

be quash the complaint in the interest of justice.

D. The applicants respectfully say and submit that the allegation made

by respondent No. - 2 in FIR are so absurd and inherently

improbable and there is not any harassment or cruelty on the basis of

that ground pleased be quash the complaint in the interest of justice.

E. It is submitted that, alleged incident has taken place during

09.05.2024 to 03.04.2024. the complaint was filed on 28.06.2024.

there is huge delay in filing the complaint against the accused

person. There is oblique motive behind filing late complaint against

the accused person.

F. The applicants respectfully say and submit that First Information

Report is capricious and arbitrary having been based on either on

evidence or on material which are wholly irrelevant or inadmissible

on that ground also be pleased to quash FIR in interest of justice.

G. No offence as alleged under Dowry Prohibition Act are made out

against the applicants as there is no demand or acceptance of dowry

and complaint is absolutely vague allegation having no basis.

H. The applicants respectfully say and submit that the impugned FIR

does not disclose any offence even if allegation are accepted in to

and therefore it is in the interest of justice that complaint is quashed

to prevent abuse of process of court and the complaint is frivolous,

vexatious made with an oblique motive and in malafied manner.

I. The applicants state and submit that the applicants have a prima –

facie case and the balance convenience is also in favor of the

 applicants the applicants have not committed any crime as alleged

that no criminal offence made out against the applicants there are all

possibilities that criminal case will be dismissed as the Respondent

No. 2 has misused the process of Court and the filling of the present

complaint is nothing but sheer abuse of process of court and law

therefore, please to quash the complaint in the interest of justice.

5. The applicants have not filed any other petition before any other court

of law in India including Hon'ble Supreme Court of India in the subject

matter of present petition.

6. The applicants crave leave to add, amend, alter or rescind the memo of

application as and when found necessary.

7. The applicants, therefore, most humbly prays that

(A) Quash the F.I.R. being C.R. No. 11993012240035 of 2024

registered with Mahila Police Station, Kachchh-East. Dist:

Kachchh-East-Gandhidham under section 498 A, 323, 504 , 506(2),

114 of the Indian Penal Code and under Section 3 and 4 of Dowry

Prohibition Act, on 28.06.2024, Annexure - A to this application.

(B) Pending admission and final disposal of this petition the Honourable

Court may be pleased to stay the further proceedings initiated in

connection with C. R. No. 11993012240035 of 2024 registered with

Mahila Police Station, Kachchh- East. Dist: Kachchh-East-

Gandhidham in the interest of justice.

(C) Pending admission and final disposal of this petition the Honourable

Court may be pleased to direct investigation officer not to arrest

 present applicant till final disposal of this application connection

with C. R. No. 11993012240035 of 2024 registered with Mahila

Police Station, Kachchh- East. Dist: Kachchh-East-Gandhidham in

the interest of justice.

(D) pass any other and further orders necessary in the interest of justice.

AND FOR THIS ACT OF JUSTICE AND KINDNESS THE

APPLICANTS IS DUTY BOUND SHALL FOR EVER PRAY.

Place: _________________
Date: .07.2024 Advocate for the applicant
S D Moghariya

AFFIDAVIT

I, Rimaben W/o Rahulkumar Jate. Yadav Age about - 35 , Occu.

, Residing at above mentioned in caption petition the applicant no.3 herein,
do hereby solemnly affirm and state on oath that what is stated in the
petition is true an correct to the best of my knowledge and I believe the
same to be true and what is stated in para 1 to 4 are facts para 5 to 6 is on
legal advice and para 7 is prayer clause. I also state on oath that the
annexures to this petition are the true copies of the original.
Solemnly affirmed on this day of July 2024 at _____________.

___________________

Identified by me DEPONENT
 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT: KACHCHH

SPECIAL CRIMINAL APPLICATION NO. OF 2024

Savitridevi W/o Shyotasinh Jate Yadav & Ors. … Applicants

VERSUS

The State of Gujarat And Others … Respondents

INDEX

Annexure Particulars Pages

No
- Memo of Petition to
A Copy of FIR to
 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT: KACHCHH

SPECIAL CRIMINAL APPLICATION NO. OF 2024

Savitridevi W/o Shyotasinh Jate Yadav Ors. … Applicants

VERSUS

The State of Gujarat And Others … Respondents

LIST OF EVENTS

28.06.2024 C.R. No. 11993012240035of 2024 registered

with Mahila Police Station, Kachchh- East.

Dist: Kachchh-East-Gandhidham under

section 498 A, 323, 504 , 506(2), 114 of the

Indian Penal Code and under Section 3 and

4of Dowry Prohibition Act, on 28.06.2024.

- Hence file this petition.