IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION
(FOR QUASHING & SET ASIDE FIR/ORDER) NO. 7393 of 2015
DIPTIBEN KAMLESHKUMAR SHRIMALI & 3….Applicant(s)
STATE OF GUJARAT & 1….Respondent(s)
Appearance: MR JM BAROT, ADVOCATE for the Applicant(s) No. 1 – 4 MS SHRUTI PATHAK,
APP for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 27/01/2017
1 The respondent No.2 – original first informant, although served with the notice of Rule issued by this Court, yet has thought fit not to remain present either in person or through an advocate and oppose this application.
2 By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants – original accused Nos.4 to 7 seek to invoke the inherent powers of this Court, praying for quashing of the First Information Report bearing C.R. No.I¬44 of 2015 registered before the Mehsana City “A” Division Police Station for the offence punishable under Sections 498A, 323 read with 114 of the Indian Penal Code and Sections 3 and 5 of the Dowry Prohibition Act.
3 The applicant No.1 is the sister¬in¬law of the first informant, the applicant No.2 is the husband of the applicant No.1, the applicant No.3 is the second sister¬in-law and the applicant No.4 is the husband of the applicant No.3. The first informant got married to one Kamlesh Bhikhabhai Shrimali on 24th April 2012. Soon after the marriage, matrimonial disputes cropped up between the husband and wife. The wife was not able to adjust herself at her matrimonial home. In the F.I.R., she has alleged mental as well as physical cruelty at the hands of the husband and the family members of the husband. I take notice of the fact that both the sisters¬in-law are married and are residing at their own matrimonial home. This is one more case amongst hundred which is come up before this Court, wherein the wife in collusion with the police has levelled frivolous and false allegations against one and all members of the husband’s family. In a dispute between the husband and wife, the wife has not spared a single member of the husband’s family. Absolutely general and sweeping statements have been made
4 I have no hesitation in coming to the conclusion that the allegations levelled are palpably false. 5 In the result, this application is allowed. The First Information Report bearing C.R. No.I¬44 of 2015 registered before the Mehsana City “A” Division Police Station for the offence punishable under Sections 498A, 323 read with 114 of the Indian Penal Code and Sections 3 and 5 of the Dowry Prohibition Act is ordered to be quashed. Consequently, all further proceedings pursuant thereto stand terminated. Rule is made absolute. Direct service is permitted. 6 The investigation shall proceed further in accordance with law against all the co¬accused.