R/CR.MA/20983/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 20983 of 2015
KISHORBHAI GOKALBHAI SOLANKI 2….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR PREMAL S RACHH, ADVOCATE for the Applicant(s) No. 1-3
MS MOXA THAKKAR, APP for the RESPONDENT(s) No. 1
MR MM SAIYED, ADVOCATE for the Respondent(s) No. 2
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 30/11/2017
ORAL ORDER
By this application under Section 482 of the Code of
Criminal Procedure, 1973, the applicants seek to invoke the
inherent powers of this Court, praying for quashing of the First
Information Report being CR I-No.91 of 2015 registered with
the Mahila Police Station, Jamnagar, for the offence punishable
under Sections 498A, 323, 506(2), 504 read with Section 114
of the Indian Penal Code and under Sections 3 and 5 of the
Dowry Prohibition Act.
This application would not survive so far as the applicant
no.1 is concerned as he has passed away.
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R/CR.MA/20983/2015 ORDER
The applicant no.2 is the mother-in-law and the applicant
no.3 is the brother-in-law of the respondent no.2 – original first
informant. The marriage of the respondent no.2 was
solemnized on 4th May 2015.
It appears that within one month from the date of the
marriage, the respondent no.2 traveled to South Africa along
with her husband. Something went wrong while the respondent
no.2 was in South Africa. She has levelled allegations of cruelty
and harassment at the end of the husband. However, as usual,
she has involved the three applicants also in the alleged
offence.
As noted above, the marriage was solemnized on 4th May
2015 and the FIR came to be lodged on 23rd October 2015.
The same is suggestive of the fact that within five months
everything was over. The husband is still in South Africa.
In my view, no case is made out so far as the applicant
nos.2 and 3 are concerned. The learned counsel appearing for
the respondent no.2 may be right in his submission that there
is a prima facie case against the husband but that does not
mean that I should hold the applicants herein at ransom to get
the husband back to India. Law will take its own course. The
Investigating Officer is directed to immediately take necessary
steps to obtain a non-bailable warrant from the court
concerned for the purpose of initiating proceedings against the
husband for being declared as a proclaimed absconder. All
other steps in law shall be taken to secure the presence of the
husband in India.
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R/CR.MA/20983/2015 ORDER
With the above, this application is allowed. The First
Information Report being CR I-No.91 of 2015 registered with
the Mahila Police Station, Jamnagar, is hereby ordered to be
quashed so far as the applicant nos.2 and 3 are concerned.
Rule made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.)
MOIN
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