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4 Whether This Case Involves A … vs State Of Gujarat & on 24 April, 2017

R/CR.MA/10706/2013 CAV JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 10706 of 2013

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE N.V.ANJARIA

1 Whether Reporters of Local Papers may be allowed
to see the judgment ? No

2 To be referred to the Reporter or not ? No

3 Whether their Lordships wish to see the fair copy of
the judgment ? No

4 Whether this case involves a substantial question of
law as to the interpretation of the Constitution of No
India or any order made thereunder ?

PATEL KIRITKUMAR RAMABHAI 2….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:

MR MK VAKHARIA, ADVOCATE for the Applicant(s) No. 1 – 3
MR DHAVAL N VAKIL, ADVOCATE for the Respondent(s) No. 2
MR LB DABHI, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA

Date : 24/04/2017

CAV JUDGMENT

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Learned advocate Mr.M.K.Vakharia for the
applicants does not press the present application for
applicant no.1 i.e. Patel Kiritkumar Ramabhai. As far
as the said applicant No.1 is concerned, this petition
stands disposed of as not pressed. Learned advocate
for the applicants further stated that applicant No.2
i.e. Patel Ramabhai Ishwarbhai has expired on 15th
September, 2014. The application is abated qua
applicant No.2 and does not survive.

1.1 This application survives for applicant
no.3. i.e. Patel Kantaben Ramabhai.

1.2 Rule. Learned Additional Public Prosecutor
Mr.L.B. Dabhi waives service of notice of Rule on
behalf of the respondent No.1-State whereas learned
advocate Mr.Dhaval Vakil waives service of notice of
Rule on behalf of the respondent No.2-original
complainant.

2. By invoking Section 482 of the Code of
Criminal Procedure, 1973, the applicant has prayed for
quashment of First Information Report bearing Crime
Register No.I-124 of 2013 dated 27th May, 2013
registered with Ghatlodia Police Station, Ahmedabad
under Sections 498A, 323, and 114 of the Indian Penal
Code and Sections 3 and 7 of the Dowry Prohibition
Act.

3. The facts as stated by the applicants in the
present application are inter alia that the applicant
No.1 is a U.S. Citizen, residing at Los Angeles,
California State and was doing job as a Cashier in Gas

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Store. His marriage was solemnized with the
complainant-Aartiben on 07th December, 1997 in a group
marriage ceremony at the village and subsequently was
registered with Sub Registrar of Marriages, Ahmedabad.
According to the applicants, there was neither mutual
understanding nor matrimonial harmony between the
applicant-husband and complainant-wife, which resulted
into customary divorce as prevalent in their community
by means of executing a notarised Deed of Divorce on
15th March, 2008. It was stated that after daughter and
son borne out of the wedlock, the applicant sent
America in the year 1999 and also upto 2010.

3.1 As far as the contents of the F.I.R. filed
by the wife Aartiben was concerned, it was stated by
her about solemnisation of marriage, birth of
daughter-Drashti aged about 15 years and further that
the in-laws including applicant Nos.2 and 3, that is
father-in-law and mother-in-law, were used to taunt
for having no male child and that the complainant
should give male child to the family. In 2004, it was
stated, son named Raj was borne, who was aged eight
years at the time of filing of complaint. It was
alleged that the applicant-husband took the
complainant to Europe wanting that son takes birth
there, however since the expenses of delivery was
higher, finally the son was borne in India. It was
generally alleged that in-laws were asking for
bringing money. It was alleged that applicant-husband
went away to U.S.A. In the year 2010, thereafter did
not come back, therefore she was staying alone with
children. It was stated that her father-in-law and

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mother-in-law-the applicant Nos.2 and 3 left for the
village to stay there and have been staying there
since 2010. According to the allegations, on 23rd May,
2013 the applicant-husband came back to India from
U.S.A. And came to the house on the next day. At that
time altercation took place between the husband and
wife. Ultimately wife filed the complaint.

4. Heard learned advocate for the parties.

5. The factual position comes out from the
allegations in the First Information Report and the
facts on record themselves that respondent Nos.2 and 3
were not residing with their son and the complainant-
wife. The complainant herself has averred in her
complaint that in the year 2010, her husband went to
America. Since at that time, it is further stated,
that the father-in-law and mother-in-law, that is
applicant Nos.2 and 3, went away to stay at the
village and that the complainant was staying alone
with her children. Given this factual context,
allegations against the third applicant-accused
mother-in-law stands substantially weaken. Not only
they stand weaken, on careful perusal thereof as per
the complaint, they are vague and general not to be
sustained in the circumstances. The applicant No.3 is
aged 80 years. Taking all these circumstances
cumulatively, interest of justice would be dis-served
rather than served in continuing criminal proceedings
against accused No.3. The continuation of criminal
prosecution render harassive and in the nature of
abuse of process of law. The parameters laid down in

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State of Haryana v. Bhajan Lal [(1992) 1 (Supp) SCC
335] were applied to the facts of the case.

6. As a result of above, application deserves
to be allowed. The First Information Report bearing
Crime Register No.I-124 of 2013 registered with
Ghatlodia Police Station, Ahmedabad under Sections
498A, 323, and 114 of the Indian Penal Code and
Sections 3 and 7 of the Dowry Prohibition Act is
quashed.

7. Rule is made absolute.

(N.V.ANJARIA, J.)
Anup

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