R/CR.MA/16255/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 16255 of 2015
PARTH BAKULCHANDRA PANDYA 2….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR DR BHATT, ADVOCATE for the Applicant(s) No. 1 – 3
MR RAJESH K SAVJANI, ADVOCATE for the Respondent(s) No. 2
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 23/11/2017
ORAL ORDER
1 At the outset, this application is not pressed so far as the applicant
No.1 – Parth Bakulchandra Pandya i.e. the husband is concerned. The
same is disposed of accordingly. I am now left to consider the case of the
applicants Nos.2 and 3 herein i.e. the fatherinlaw and motherinlaw of
the respondent No.2 – original first informant.
2 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
C.R. No.I71 of 2015 lodged with the Jamnagar Mahila Police Station,
Jamnagar for the offence punishable under Sections 498A, 406, 504 and
502(2) read with Section 114 of the Indian Penal Code and Sections 3
and 5 of the Dowry Prohibition Act.
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R/CR.MA/16255/2015 ORDER
3 It appears from the materials on record that the respondent No.2
herein fell in love with the applicant No.1. They decided to get married
and ultimately got the marriage registered on 9th October 2014 before
the Registrar of Marriage. On 16th November 2014, the marriage was
performed in accordance with the customs and rituals. According to the
first informant, soon after the marriage, matrimonial disputes cropped
up, which led to filing of the F.I.R. The husband is a doctor by
profession. Taking clue from another litigation, which was before this
Court, it appears that the problems in the matrimonial life cropped up
because the husband developed intimacy for one another lady and it is
the extramarital affair which ultimately created the problems. Although
various allegations have been levelled, yet the root of the matrimonial
disputes appears to be the extramarital affair of the husband. For this
reason alone, I showed my disinclination to quash the F.I.R. so far as the
husband is concerned. However, I see no good reason why the fatherin
law and motherinlaw should be dragged into this prosecution.
4 In the result, this application succeeds in part and is hereby partly
allowed. The F.I.R. so far as the applicants Nos.2 and 3 are concerned is
hereby quashed. If the investigation against the husband is still in
progress, the same shall be completed expeditiously in accordance with
law. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(J.B.PARDIWALA, J.)
chandresh
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