Imtiyazbhai Ahmedbhai Malkani & 4 vs State Of Gujarat & on 1 November, 2017

R/CR.MA/1409/2015 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 1409 of 2015

IMTIYAZBHAI AHMEDBHAI MALKANI 4….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
DELETED for the PETITIONER(s) No. 1
MR M T SAIYAD, ADVOCATE for the Applicant(s) No. 2-5
MS MOXA THAKKAR, APP for the RESPONDENT(s) No. 1
MR P P MAJMUDAR, ADVOCATE for the Respondent(s) No. 2

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 01/11/2017

ORAL ORDER

By this application under Section 482 of the Code of
Criminal Procedure, 1973, the applicants seek to invoke the
inherent powers of this Court, praying for quashing of the FIR
bearing CR-I No.119 of 2014 registered at the Mahila Police
Station, District Junagadh, for the offence punishable under
Sections 498A, 323, 504, 506(2) read with Section 114 of the
Indian Penal Code and Sections 3 and 7 of the Dowry
Prohibition Act, 1961.

It appears from the materials on record that the parties
are of Muslim community. The respondent no.2 got married
with the applicant no.1 on 19th October 2008 according to the

Page 1 of 3

HC-NIC Page 1 of 3 Created On Thu Nov 02 00:23:51 IST 2017
R/CR.MA/1409/2015 ORDER

Muslim custom and rituals at Junagadh. Soon after the
marriage, matrimonial problems cropped up, and as alleged,
the husband and the other family members started treating
the respondent no.2 cruelly. There are allegations even as
regards demand of some money.

I take notice of the fact that the applicant no.1 is the
husband. In the first instance itself this application was not
pressed so far as the husband is concerned. The applicant no.2
is the mother-in-law, the applicant no.3 is the brother-in-law,
the applicant no.4 is the younger brother-in-law and the
applicant no.5 is the married sister-in-law. The FIR is dated 28th
December 2014. The first informant is talking about an
incident which occurred one and a half years before the date of
the registration of the FIR. For the first time in the incident
which is narrated in the second last paragraph of the FIR the
applicant no.5 has been introduced and the allegations are
levelled against him. As usual, in a matrimonial dispute
between the husband and the wife, all other family members
have been dragged and roped in. The allegations do not inspire
any confidence.

In the result, this application succeeds. The FIR bearing
CR-I No.119 of 2014 registered at the Mahila Police Station,
District Junagadh, is hereby quashed so far as the applicant
nos.2, 3, 4 and 5 are concerned. The investigation shall now
proceed further expeditiously in accordance with law so far as
the applicant no.1 – husband is concerned. Rule made
absolute. Direct service is permitted.

Page 2 of 3

HC-NIC Page 2 of 3 Created On Thu Nov 02 00:23:51 IST 2017
R/CR.MA/1409/2015 ORDER

(J.B.PARDIWALA, J.)
MOIN

Page 3 of 3

HC-NIC Page 3 of 3 Created On Thu Nov 02 00:23:51 IST 2017

Leave a Comment

Your email address will not be published. Required fields are marked *