Mayurbhai Harkantbhai Pandya & vs State Of Gujarat & on 3 November, 2017

R/CR.MA/16184/2015 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 16184 of 2015

MAYURBHAI HARKANTBHAI PANDYA 1….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR DR BHATT, ADVOCATE for the Applicant(s) No. 1-2
MS MOXA THAKKAR, APP for the RESPONDENT(s) No. 1
MR RAJESH K SAVJANI, ADVOCATE for the Respondent(s) No. 2

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 03/11/2017

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.71 of 2015 registered at the Jamnagar Mahila
Police Station, District Jamnagar, for the offence punishable
under Sections 498A, 406, 504, 506(2) read with Section 114
of the Indian Penal Code and Sections 3 and 5 of the Dowry
Prohibition Act.

The applicants before me are the original accused nos.4
and 5. The applicant no.1 happens to be the paternal uncle
and the applicant no.2 happens to be the maternal aunt of the
accused no.1 – husband.

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R/CR.MA/16184/2015 ORDER

According to the allegations levelled in the FIR, the
respondent no.2, after getting married to one Parth
Bakulchandra Pandya on 9th October 2014, started residing at
her matrimonial home along with her in-laws. It is alleged that
within 4 to 5 days from the date of the marriage, the mother-
in-law started treating the respondent no.2 cruelly. The
allegations against the applicants are that of instigating the
husband and the in-laws. I have gone through the entire FIR,
which is at page-19. In the entire FIR, except the allegations of
instigation, nothing else has been attributed to the applicants
herein. The allegations in the FIR against the applicants are
quite vague, and even if they are accepted to be true, they do
not constitute any offence of cruelty within the meaning of
Section 498A of the Indian Penal Code.

In such circumstances, this application succeeds and is
allowed. The FIR bearing CR-I No.71 of 2015 registered at the
Jamnagar Mahila Police Station, District Jamnagar, is hereby
quashed so far as the applicants herein are concerned. Rule
made absolute. Direct service is permitted.

(J.B.PARDIWALA, J.)
MOIN

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