MyNation KnowledgeBase

Landmark Judgments and Articles on Law

Register to Download

498A / DP Quashing against two Sister-in-Laws & their husbands for palpably false FIR

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION
(FOR QUASHING & SET ASIDE FIR/ORDER) NO. 7393 of 2015

DIPTIBEN KAMLESHKUMAR SHRIMALI & 3….Applicant(s)
Versus
STATE OF GUJARAT & 1….Respondent(s)

Appearance: MR JM BAROT, ADVOCATE for the Applicant(s) No. 1 – 4 MS SHRUTI PATHAK,
APP for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 27/01/2017

ORAL ORDER

1 The respondent No.2 – original first informant, although served with the notice of Rule issued by this Court, yet has thought fit not to remain present either in person or through an advocate and oppose this application.

2 By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants – original accused Nos.4 to 7 seek to invoke the inherent powers of this Court, praying for quashing of the First Information Report bearing C.R. No.I¬44 of 2015 registered before the Mehsana City “A” Division Police Station for the offence punishable under Sections 498A, 323 read with 114 of the Indian Penal Code and Sections 3 and 5 of the Dowry Prohibition Act.

3 The applicant No.1 is the sister¬in¬law of the first informant, the applicant No.2 is the husband of the applicant No.1, the applicant No.3 is the second sister¬in-law and the applicant No.4 is the husband of the applicant No.3. The first informant got married to one Kamlesh Bhikhabhai Shrimali on 24th April 2012. Soon after the marriage, matrimonial disputes cropped up between the husband and wife. The wife was not able to adjust herself at her matrimonial home. In the F.I.R., she has alleged mental as well as physical cruelty at the hands of the husband and the family members of the husband. I take notice of the fact that both the sisters¬in-law are married and are residing at their own matrimonial home. This is one more case amongst hundred which is come up before this Court, wherein the wife in collusion with the police has levelled frivolous and false allegations against one and all members of the husband’s family. In a dispute between the husband and wife, the wife has not spared a single member of the husband’s family. Absolutely general and sweeping statements have been made

4 I have no hesitation in coming to the conclusion that the allegations levelled are palpably false. 5 In the result, this application is allowed. The First Information Report bearing C.R. No.I¬44 of 2015 registered before the Mehsana City “A” Division Police Station for the offence punishable under Sections 498A, 323 read with 114 of the Indian Penal Code and Sections 3 and 5 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. 6 The investigation shall proceed further in accordance with law against all the co¬accused.

(J.B.PARDIWALA, J.)

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Important SC/HC Judgements on 498A IPC
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2018 MyNation KnowledgeBase
eXTReMe Tracker
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please to read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registrationJOIN WELCOME GROUP HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307,312, 313,323 376, 377, 406, 420, 506, 509; and also TEP, RTI etc

Web Design BangladeshWeb Design BangladeshMymensingh