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498A Quash against family members of UK NRI

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 8273 of 2015

PRATIMABEN HARENDRABHAI DESAI & 2….Applicant(s)
Versus
STATE OF GUJARAT & 1….Respondent(s)

Appearance: MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1 – 3
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1

S M KIKANI, ADVOCATE for the Respondent(s) No. 2
SURESHKUMAR V GAMARA, ADVOCATE for the Respondent(s) No. 2

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 09/12/2016
ORAL ORDER

1. 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 F.I.R. being C.R.No.I-7 of 2015 filed before the Sayajiganj Police Station, Vadodara City, for the offence punishable under Sections¬498(A) r/w.114 of the IPC and Sections-3 and 7 of the Dowry Prohibition Act.

2. It appears from the materials on record that the first informant got married with one Hemalkumar Harendrabhai Desai on 29/12/2005. In the wedlock, a daughter was born who is aged 6 years as on date. The applicant no.1 before me is the mother¬in¬law; the applicant no.2 is the sister¬in-law and the applicant no.3 is the sister of the mother¬in¬law. All are permanent residents of U.K.

3. It appears that the first informant after getting married could not settle in life. She has levelled all sort of allegations against the husband. The only allegation against the three applicants before me is that sitting in U.K, they used to call up the husband and instigate. On account of such instigation, the husband used to treat the wife cruelly.

4. In my view, even if the entire case of the first informant is accepted as true, no case is made out against the three applicants before me. None of the ingredients to constitute the offence of cruelty within the meaning of Section-498(A) of the IPC are spelt out.

5. In the result, this application is allowed. The F.I.R. being C.R.No.I¬ 7 of 2015 filed before the Sayajiganj Police Station, Vadodara City, is hereby ordered to be quashed qua the present applicants herein. All consequential proceedings pursuant thereto shall stand terminated. Rule is made absolute. Direct service is permitted.

(J.B.PARDIWALA, J.)

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