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Guj HC: Mundane & General Allegations : 498A Quash against MIL & BIL

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION
(FOR QUASHING & SET ASIDE FIR/ORDER) NO. 6646 of 2015

BABUBEN KALUJI THAKOR & 2….Applicant(s)
Versus STATE OF GUJARAT & 1….Respondent(s)

Appearance: MR PRABHAKAR UPADYAY, ADVOCATE for the Applicant(s) No. 1 – 3 HCLS COMMITTEE,
ADVOCATE for the Respondent(s) No. 2
MS. ALKA B VANIYA, ADVOCATE for the Respondent(s) No. 2
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 14/12/2016

ORAL ORDER

1. By this application under Section 482 of the Cr.P.C., 1973, the applicants original accused persons seeks to invoke the inherent powers of this Court praying for quashing of the proceedings of Criminal Case No.6771 of 2014 pending in the Court of the learned Chief Judicial Magistrate, Ahmedabad (Rural), Ahmedabad, arising from the F.I.R. being C.R. No.I­157 of 2014 registered with the Vastrapur Police Station, Ahmedabad, for the offence under Sections­498(A) r/w.114 of the I.P.C. and Sections­3 and 7 of the Dowry Prohibition Act.

2. The applicant no.1 is the mother­in­law, the applicant no.2 is the brother­in­law and the applicant no.3 is also the brother­in­law of the respondent no.2­ original first informant. It appears from the materials on record that the first informant herein is married to the son of the applicant no.1 past 12 years. In the wedlock, two children were born. The case of the first informant is that her husband­ original accused no.1 viz. Umang Thakore started treating her cruelly. It is alleged that he used to beat her and cause lot of mental harassment. The allegation against the three applicants herein is that they used to instigate the husband and demanded for dowry.

3. Having heard the learned counsel appearing for the parties and having considered the materials on record, the only question that falls for my consideration is whether the proceedings should be quashed so far as the three applicants are concerned.

4. I am of the view that all the allegations levelled in the F.I.R. so far as three applicants are concerned, are mundane, quite general and vague. As usual, the first informant has exhibited the tendency being the wife to implicate all members of the husband’s family. I fail to understand what has the brothers of the husband to do so far as the demand dowry is concerned. Why should the two brothers of the husband taunt the first informant as regards the dowry. The allegations do not inspire any confidence.

5. In view of the same, this application is allowed. The further proceedings of Criminal Case No.6771 of 2014 pending in the Court of the learned Chief Judicial Magistrate, Ahmedabad (Rural), Ahmedabad, arising from the F.I.R. being C.R. No.I­157 of 2014 registered with the Vastrapur Police Station, Ahmedabad, are hereby ordered to be quashed qua the present applicants. All consequential proceedings pursuant thereto shall stand terminated. Rule is made absolute. Direct service is permitted

(J.B.PARDIWALA, J.)

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