Bhanuben @ Ratanben Widow Of … vs State Of Gujarat & on 22 November, 2017

R/CR.MA/15936/2015 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 15936 of 2015

BHANUBEN @ RATANBEN WIDOW OF NANUBHAI TAILOR
2….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR ZUBIN F BHARDA, ADVOCATE for the Applicant(s) No. 1-3
MR DM DEVNANI, APP for the RESPONDENT(s) No. 1
MR HARDIK A DAVE, ADVOCATE for the Respondent(s) No. 2

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 22/11/2017

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 First
Information Report being CR II-No.83 of 2012 registered with
the Mahila Police Station, Navsari, for the offence punishable
under Sections 498A, 506(2) read with Section 114 of the
Indian Penal Code and Sections 3 and 4 of the Dowry
Prohibition Act.

It appears from the materials on record that the
respondent no.2 herein got married with one Dipakkumar alias
Maheshkumar Tailor on 24th May 2007. It appears from the

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R/CR.MA/15936/2015 ORDER

materials on record that the husband is working in Panama.
Even for the purpose of marriage, he came down to India from
Panama. Soon after the marriage, he left again for Panama. It
also appears from the materials on record, more particularly,
the passports which have been placed on record, that none of
the three applicants herein were present when the marriage
was solemnized in India.

The applicant no.1 is the mother-in-law aged about 82
years as on date, the applicant no.2 is the married sister-in-law
and the applicant no.3 is the husband of the sister-in-law. All
the three applicants before me are residing in the United
Kingdom. Even, according to the first informant, the mother-in-
law came down to India in 2008. She stayed in India for one
year and once again left for the United Kingdom. In the same
manner, the applicant nos.2 and 3 also came down to India on
13th October 2007 and left for the United Kingdom on 13th
November 2007.

I do not see any good reason why the three applicants
herein should be prosecuted for the offence punishable under
Sections 498A and 506(2) of the Indian Penal Code. It seems to
be a dispute between the husband and the wife. The husband
is settled in Panama and the wife is in Navsari. Such is the
reason why the marriage has failed. In my view, continuing the
prosecution against the applicants herein will be nothing but
an abuse of the process of law.

In the result, this application succeeds and is hereby
allowed. The First Information Report being CR II-No.83 of 2012
registered with the Mahila Police Station, Navsari, is hereby

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ordered to be quashed qua the applicants herein.

If the investigation is yet to be completed so far as the
husband is concerned, the same shall be done expeditiously in
accordance with law.

Rule made absolute. Direct service is permitted.

(J.B.PARDIWALA, J.)
MOIN

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