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498A Quash against husband & family members for Sweeping & General Allegations

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 30844 of 2016

KURESHI SADDAM BHAI SHAFIBHAI & 2….Applicant(s)
Versus
STATE OF GUJARAT & 1….Respondent(s)

Appearance: MR IMTIYAJ M KURESHI, ADVOCATE for the Applicant(s) No. 1 – 3
NOTICE SERVED BY DS for the Respondent(s) No. 2
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 25/01/2017
ORAL ORDER

1 The respondent No.2 – original first informant, although service with the Notice issued by this Court, has chosen not to remain present before this Court either in person or through an advocate and oppose this application.

2 Rule returnable forthwith. Ms. Thakore, the learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondent No.1- State of Gujarat.

3 By this application under Section 482 of the Code of Criminal Procedure,   1973,   the   applicants   accused   persons   seek  to   invoke   the inherent   powers   of   this   Court,   praying   for   quashing   of   the   First Information Report bearing I-C.R. No.197 of 2016 registered with the Sector   21   Police   Station,   District:   Gandhinagar   for   the   offence punishable under Sections 498A, 294(B) read with 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act.

4 The  applicant   No.1  is   the   husband  of  the   first  informant,  the applicant No.2 is the mother¬in-law and the applicant No.3 is the fatherin¬law. The first informant got married to the applicant No.1 in the year 2014. Soon thereafter, the matrimonial disputes cropped up between the husband and wife. According to the first informant, the applicant used to taunt her that the parents of the first informant are beggars and had not given sufficient dowry at the time of marriage. In such circumstances, she though fit to lodge an F.I.R. at the concerned police station. I take notice of the fact that the F.I.R. is dated 21st October 2016. In the F.I.R., it has been stated that the first informant is residing at her parental home past two years. The allegations levelled in the F.I.R. are absolute vague and general. Sweeping statements have been made and as usual, all the members of the husband’s family have been implicated. I issued Notice to the respondent No.2 with a view to explore the possibility of some amicable settlement having realised that the case is one of an irretrievable break-down of marriage. However, for one reason or the other, the first informant has not honoured the Notice issued by this Court. It seems that she is not interested to settle the matter.

5 In the result, this application is allowed. The First Information Report bearing I-C.R. No.197 of 2016 registered with the Sector 21 Police Station, District: Gandhinagar for the offence punishable under Sections 498A, 294(B) read with 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act is ordered to be quashed. Consequently, all further proceedings pursuant thereto  stand terminated. Rule is  made  absolute. Direct service is permitted

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