{"id":4239,"date":"2017-01-26T01:41:04","date_gmt":"2017-01-25T20:11:04","guid":{"rendered":"http:\/\/mynation.net\/docs\/?p=4239"},"modified":"2017-01-26T10:48:15","modified_gmt":"2017-01-26T05:18:15","slug":"30844-2016","status":"publish","type":"post","link":"https:\/\/mynation.net\/docs\/30844-2016\/","title":{"rendered":"498A Quash against husband & family members for Sweeping & General Allegations"},"content":{"rendered":"

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD<\/strong><\/p>\n

CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR\/ORDER) NO. 30844 of 2016<\/p>\n

KURESHI SADDAM BHAI SHAFIBHAI & 2….Applicant(s)
\nVersus
\nSTATE OF GUJARAT & 1….Respondent(s)<\/p>\n

Appearance: MR IMTIYAJ M KURESHI, ADVOCATE for the Applicant(s) No. 1 – 3
\nNOTICE SERVED BY DS for the Respondent(s) No. 2
\nMS SHRUTI PATHAK, APP for the Respondent(s) No. 1<\/p>\n

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
\nDate : 25\/01\/2017
\nORAL ORDER<\/p>\n

1 The respondent No.2 \u2013 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.<\/p>\n

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.<\/p>\n

3 By this application under Section 482 of the Code of Criminal Procedure,\u00a0\u00a0 1973,\u00a0\u00a0 the\u00a0\u00a0 applicants\u00a0\u00a0 accused\u00a0\u00a0 persons\u00a0\u00a0 seek\u00a0 to\u00a0\u00a0 invoke\u00a0\u00a0 the inherent\u00a0\u00a0 powers\u00a0\u00a0 of\u00a0\u00a0 this\u00a0\u00a0 Court,\u00a0\u00a0 praying\u00a0\u00a0 for\u00a0\u00a0 quashing\u00a0\u00a0 of\u00a0\u00a0 the\u00a0\u00a0 First Information Report bearing I-C.R. No.197 of 2016 registered with the Sector\u00a0\u00a0 21\u00a0\u00a0 Police\u00a0\u00a0 Station,\u00a0\u00a0 District:\u00a0\u00a0 Gandhinagar\u00a0\u00a0 for\u00a0\u00a0 the\u00a0\u00a0 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.<\/p>\n

4 The\u00a0 applicant\u00a0\u00a0 No.1\u00a0 is\u00a0\u00a0 the\u00a0\u00a0 husband\u00a0 of\u00a0 the\u00a0\u00a0 first\u00a0 informant,\u00a0 the applicant No.2 is the mother\u00acin-law and the applicant No.3 is the fatherin\u00aclaw. 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.<\/p>\n

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\u00a0 stand terminated. Rule is\u00a0 made\u00a0 absolute. Direct service is permitted<\/p>\n","protected":false},"excerpt":{"rendered":"

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 &…<\/p>\n","protected":false},"author":11125,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_customify_content_layout":"","_customify_sidebar":"","_customify_page_header_display":"","_customify_disable_header":"","_customify_disable_header_top":"","_customify_disable_header_main":"","_customify_disable_header_bottom":"","_customify_disable_page_title":"","_customify_disable_content_vertical_padding":"","_customify_disable_footer_top":"","_customify_disable_footer_main":"","_customify_disable_footer_bottom":"","_customify_breadcrumb_display":"","_customify_header_transparent_display":"","footnotes":""},"categories":[65],"tags":[44959,27814,4467,47,307,45941,2318,1584,21916,3038,43084,144,45228,45221,2463,16410],"class_list":["post-4239","post","type-post","status-publish","format-standard","hentry","category-judgments","tag-44959","tag-294b","tag-482crpc","tag-498a","tag-code-of-criminal-procedure","tag-delay-fir","tag-dowry-prohibition-act","tag-dp3","tag-dp7","tag-first-information-report","tag-gujarat-hc","tag-ipc","tag-justice-j-b-pardiwala","tag-pardiwala","tag-section-482","tag-sections-3"],"_links":{"self":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/posts\/4239","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/users\/11125"}],"replies":[{"embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/comments?post=4239"}],"version-history":[{"count":0,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/posts\/4239\/revisions"}],"wp:attachment":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/media?parent=4239"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/categories?post=4239"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/tags?post=4239"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}