R/CR.MA/16127/2011 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 16127 of 2011
HAMIRBHAI MAFABHAI PARMAR 6….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR CJ VIN, ADVOCATE for the Applicant(s) No. 1 – 7
HARSH V GAJJAR, ADVOCATE for the Respondent(s) No. 2
MR BS KHATANA, 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 : 15/02/2018
ORAL ORDER
None present on behalf of the applicants when the matter
is called out. Considering the fact that this matter is of the year
2011, I thought fit not to adjourn the matter and proceed
further with the hearing with the assistance of the learned APP
and the learned counsel appearing for the respondent no.2 –
original first informant.
By this application under Section 482 of the Code of
Criminal Procedure, 1973, the applicants – original accused
persons seek to invoke the inherent powers of this Court,
praying for quashing of the proceedings of the Criminal Case
No.897 of 2010 pending in the Court of the learned
Metropolitan Magistrate, Ahmedabad, arising from the First
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R/CR.MA/16127/2011 ORDER
Information Report being CR-I No.508 of 2010 registered at the
Naranpura Police Station, Ahmedabad, for the offences
punishable under Sections 498A, 506(1), 323, 294(b) read with
Section 114 of the Indian Penal Code and under Sections 3 and
7 of the Dowry Prohibition Act.
The First Information Report reads as under :
“Dated : 18.9.10
My name is Pushpaben, w/o. Dineshbhai, Caste : Parmar,
Aged 26, Occupation : Household, Residing at House
No.17, Gangadhar Society, Near Krishnajyot Society,
Danilimda, Ahmedabad.
On being asked personally, I state the fact that I reside
with my mother and brother at the aforementioned
address and doing household work. I have two daughters.
The elder one, by name Bhumika, is aged 7 years and the
younger one is aged 4 years.
My marriage was solemnized in the year 2000 as per the
Hindu rites and rituals with one Dineshbhai Hamirbhai
Parmar, residing at B/5,6 Riddhi Siddhi Raw-House, Nava
Vadaj, Ahmedabad. My husband as well as my in-laws
treated me well upto two years from the date of the
marriage. Thereafter, my mother-in-law as well as my
sister-in-law used to instigate my husband and he, in
turn, become physical. They used to thrash me out of the
house by telling that you have not given birth to a boy
child. My brothers-in-law, namely Vijaybhai and
Kamleshbhai, were abusing and giving mental torture to
me. Frequently, they used to quarrel with me and
demanding for dowry of Rs.50,000/-, and when I cannot
manage for the same, they used to threaten me to throw
me out of the house and thereby pressurizing me to take
divorce. My uncle-in-law (‘mama sasra’) as well as aunt-
in-law (‘mami sas’) used to instigate my husband and in-
laws by saying that she gives birth to baby-girls and if
she is not giving birth to baby-boy, then let her go,
therefore, my grandfather-in-law had come to drop me at
my parental home and since last three years I am
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residing at my parental home. All my jewellery and
clothes are at the matrimonial home. My in-laws, my
husband as well as my sister-in-law Bhanuben and both
my brothers-in-law, my uncle-in-law (‘mama sasra’) and
aunt-in-law (‘mami sas’) used to give me physical as well
as mental torture and were threatening to kill me and
demanding Rs.50,000/- for dowry and thereby they have
thrown me out of my matrimonial home. Therefore, I give
my complaint against them and inquire the same. My
witnesses are those who may be found during the police
investigation.”
Thus, it appears that past three years from the date of
the registration of the FIR, the first informant had left her
matrimonial home and was residing at her parental home.
The applicant no.1 is the father-in-law, the applicant no.2
is the mother-in-law, the applicant no.3 is the sister-in-law, the
applicant nos.4 and 5 are the brothers-in-law, the applicant
no.6 is the brother of the applicant no.2 and the applicant no.7
is the sister-in-law of the applicant no.2.
The husband is not before this Court.
In a dispute between the husband and wife, the
respondent no.2 – wife has implicated as many as seven
members of the husband’s family.
In my view, no case worth the name is made out to put
the seven applicants herein on trial for the offence under
Section 498A of the Indian Penal Code.
In the result, this application succeeds and is hereby
allowed. The proceedings of the Criminal Case No.897 of 2010
pending in the Court of the learned Metropolitan Magistrate,
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Ahmedabad, arising from the First Information Report being
CR-I No.508 of 2010 registered at the Naranpura Police Station,
Ahmedabad, are hereby quashed so far as the seven
applicants herein are concerned. The Criminal Case shall now
proceed expeditiously in accordance with law so far as the
husband is concerned, i.e. the original accused no.1, namely
Dineshbhai Hamirbhai Parmar.
All any other proceedings between the parties shall be
decided on its own merits without being influenced by any of
the observation made in this order.
Rule made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.)
MOIN
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