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Gujarat HC: 498A/DP Quash against 7 family members – Shortest Judgement Ever

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 16127 of 2011

HAMIRBHAI MAFABHAI PARMAR & 6….Applicant(s)
Versus
STATE OF GUJARAT & 1….Respondent(s)

Appearance:
MR CJ VIN, ADVOCATE for the Applicant(s) No. 1 – 7
HARSH V GAJJAR, ADVOCATE for the Respondent(s) No. 2
MR BS KHATANA, ADVOCATE for the Respondent(s) No. 2
MS MOXA THAKKAR, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 15/02/2018

ORAL ORDER
None present on behalf of the applicants when the matter is called out. Considering the fact that this matter is of the year 2011, I thought fit not to adjourn the matter and proceed further with the hearing with the assistance of the learned APP and the learned counsel appearing for the respondent no.2 – original first informant.

By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants – original accused persons seek to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No.897 of 2010 pending in the Court of the learned Metropolitan Magistrate, Ahmedabad, arising from the First Information Report being CR-I No.508 of 2010 registered at the Naranpura Police Station, Ahmedabad, for the offences punishable under Sections 498A, 506(1), 323, 294(b) read with Section 114 of the Indian Penal Code and under Sections 3 and 7 of the Dowry Prohibition Act.

The First Information Report reads as under :

“Dated : 18.9.10 My name is Pushpaben, w/o. Dineshbhai, Caste : Parmar, Aged 26, Occupation : Household, Residing at House No.17, Gangadhar Society, Near Krishnajyot Society, Danilimda, Ahmedabad.

On being asked personally, I state the fact that I reside with my mother and brother at the aforementioned address and doing household work. I have two daughters. The elder one, by name Bhumika, is aged 7 years and the younger one is aged 4 years.

My marriage was solemnized in the year 2000 as per the Hindu rites and rituals with one Dineshbhai Hamirbhai Parmar, residing at B/5,6 Riddhi Siddhi Raw-House, Nava Vadaj, Ahmedabad. My husband as well as my in-laws treated me well upto two years from the date of the marriage. Thereafter, my mother-in-law as well as my sister-in-law used to instigate my husband and he, in turn, become physical. They used to thrash me out of the house by telling that you have not given birth to a boy child. My brothers-in-law, namely Vijaybhai and Kamleshbhai, were abusing and giving mental torture to me. Frequently, they used to quarrel with me and demanding for dowry of Rs.50,000/-, and when I cannot manage for the same, they used to threaten me to throw me out of the house and thereby pressurizing me to take divorce. My uncle-in-law (‘mama sasra’) as well as aunt- in-law (‘mami sas’) used to instigate my husband and in- laws by saying that she gives birth to baby-girls and if she is not giving birth to baby-boy, then let her go, therefore, my grandfather-in-law had come to drop me at my parental home and since last three years I am  residing at my parental home. All my jewellery and clothes are at the matrimonial home. My in-laws, my husband as well as my sister-in-law Bhanuben and both my brothers-in-law, my uncle-in-law (‘mama sasra’) and aunt-in-law (‘mami sas’) used to give me physical as well as mental torture and were threatening to kill me and demanding Rs.50,000/- for dowry and thereby they have thrown me out of my matrimonial home. Therefore, I give my complaint against them and inquire the same. My witnesses are those who may be found during the police investigation.”

Thus, it appears that past three years from the date of the registration of the FIR, the first informant had left her matrimonial home and was residing at her parental home.

The applicant no.1 is the father-in-law, the applicant no.2 is the mother-in-law, the applicant no.3 is the sister-in-law, the applicant nos.4 and 5 are the brothers-in-law, the applicant no.6 is the brother of the applicant no.2 and the applicant no.7 is the sister-in-law of the applicant no.2.

The husband is not before this Court.

In a dispute between the husband and wife, the respondent no.2 – wife has implicated as many as seven members of the husband’s family.

In my view, no case worth the name is made out to put the seven applicants herein on trial for the offence under Section 498A of the Indian Penal Code.

In the result, this application succeeds and is hereby allowed. The proceedings of the Criminal Case No.897 of 2010 pending in the Court of the learned Metropolitan Magistrate, Ahmedabad, arising from the First Information Report being CR-I No.508 of 2010 registered at the Naranpura Police Station, Ahmedabad, are hereby quashed so far as the seven applicants herein are concerned. The Criminal Case shall now proceed expeditiously in accordance with law so far as the husband is concerned, i.e. the original accused no.1, namely Dineshbhai Hamirbhai Parmar.

All any other proceedings between the parties shall be decided on its own merits without being influenced by any of the observation made in this order.

Rule made absolute. Direct service is permitted.

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