R/CR.MA/16655/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 16655 of 2015
GEETABEN W/O. NARENDRABHAI DHOTRE 1….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR HARSHIT S TOLIA, ADVOCATE for the Applicant(s) No. 1 – 2
MR PARTH S TOLIA, ADVOCATE for the Applicant(s) No. 1 – 2
HCLS COMMITTEE, ADVOCATE for the Respondent(s) No. 2
MS.YOGINI H UPADHYAY, ADVOCATE for the Respondent(s) No. 2
MS MOXA THAKKAR, APP for the Respondent No.1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 23/11/2017
ORAL ORDER
1 By this application under Section 482 of the Code of Criminal
Procedure, 1973, the applicants – original accused Nos.4 and 5 seek to
invoke the inherent powers of this Court, praying for quashing of the
proceedings of the Criminal Case No.9180 of 2014 pending in the Court
of the Judicial Magistrate First Class, Rajkot arising from a First
Information Report being C.R. No.II277 of 2014 lodged with the Rajkot
Mahila Police Station, Rajkot for the offence punishable under Sections
498A, 323, 504 and 506(2) read with 114 of the Indian Penal Code.
2 It appears from the materials on record that in the F.I.R., in all
seven persons have been arraigned as the accused:
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R/CR.MA/16655/2015 ORDER
(i) Dipakbhai Ambabhai Rathod (husband of the respondent
No.2);
(ii) Ambabhai Badhabhai Rathod (fatherinlaw), aged 74 years;
(iii) Vimlaben, w/o Ambabhai Rathod (motherinlaw) aged 65
years;
(iv) Geetaben, w/o Narendrabhai Dhotre (sisterinlaw), petitioner
No.1;
(v) Narendrabhai Jivajirao Dhotre (husband of the sisterinlaw),
petitioner No.2;
(vi) Umeshbhai Ambabhai Rathod (brotherinlaw);
(vii) Jayshreeben, w/o Umeshbhai Rathod (wife of the brotherin
law).
3 The applicants before me are the original accused Nos.4 and 5.
The applicant No.1 namely Geetaben happens to be the sister of the
husband and the applicant No.2 is the husband of the applicant No.1.
The applicant No.1 namely Geetaben got married with the applicant No.2
almost eight years before the marriage of the respondent No.2 herein
with Dipakbhai Ambabhai Rathod – original accused No.1. The marriage
of the respondent No.2 with the original accused No.1 was solemnized
almost seventeen years before the date of the registration of the F.I.R. In
the wedlock, three children were born. A son and two daughters. The
son was named ‘Yagnik’ aged 19 as on date. Thereafter, daughter by
name ‘Urvashi’ aged 12 as on date and the youngest daughter by name
‘Hiral’. The allegations in the F.I.R. are that of harassment and cruelty.
The only case against the applicants herein is that as and when they
used to come at the matrimonial home of the respondent No.2, they
used to instigate the husband and inlaws. As a result, the husband and
the inlaws used to treat the respondent No.2 with cruelty.
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R/CR.MA/16655/2015 ORDER
4 This is one of those typical cases in which the wife has implicated
not only the fatherinlaw and motherinlaw, but also the married sister
inlaw and the husband of the sisterinlaw. The allegations against the
applicants herein are very vague and general. In my view, no case is
made out to prosecute the applicants herein for the offence punishable
under Section 498A of the I.P.C.
5 In the result, this petition succeeds and is hereby allowed. The
proceedings of the Criminal Case No.9180 of 2014 pending in the Court of the
Judicial Magistrate First Class, Rajkot arising from the First Information Report
being C.R. No.II277 of 2014 lodged with the Rajkot Mahila Police Station,
Rajkot are hereby quashed so far as the applicants are concerned. The case shall
now proceed further in accordance with law so far as the other coaccused are
concerned. Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.)
chandresh
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