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498A Quash against family members of Middle East NRI

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION
(FOR QUASHING & SET ASIDE FIR/ORDER) NO. 8032 of 2015

HARSUKHBHAI HARJIVANBHAI SHETHIYA & 4….Applicant(s)
Versus
STATE OF GUJARAT & 1….Respondent(s)

Appearance: MR.NANDISH H THACKAR, ADVOCATE for the Applicant(s) No. 1 – 5
MS NISHA THAKORE, 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 : 09/12/2016

ORAL ORDER

1 The respondent No.2, although served with the notice of rule issued by this Court, has chosen not to appear before this Court 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 persons seek to invoke the inherent powers, praying for quashing of the proceedings of the Criminal Case No.2690 of 2012 pending in the Court of the 3rd Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Junagadh for the offence punishable under Sections 498A, 323 and 504 read with 114 of the Indian Penal Code.

3 It appears from the contents of the First Information Report that the first informant got married to one Hitesh Harsukhbhai Shethia in the year 2006. The applicant No.1 is the father¬in¬law, the applicant No.2 is the mother¬in-law, the applicant No.3 is the brother¬in¬law, the applicant No.4 is the sister¬in-law and the applicant No.5 is the husband of the sister¬in-law (Nandoi). The husband was serving at Muscat (Middle East). It appears that the sister of the husband i.e. the applicant No.4 herein was also residing at Muscat. The allegations levelled by the first informant are that of harassment and cruelty on the part of the applicants.

4 The husband is not before me. The allegations levelled in the F.I.R. so far as the applicants herein are concerned, are quit general and vague in nature. In my view, they do not constitute any offence of cruelty within the meaning of Section 498A of the Indian Penal Code. I have no hesitation in quashing of the proceedings so far as the applicants herein are concerned.

5 In the result, this application is allowed. The proceedings of the Criminal Case No.2690 of 2012 pending in the Court of the 3rd Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Junagadh for the offence punishable under Sections 498A, 323 and 504 read with 114 of the Indian Penal Code are hereby quashed so far as the applicants herein are concerned. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(J.B.PARDIWALA, J.)

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