R/CR.MA/17462/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 17462 of 2015
SONI KUSUMBEN W/O JASWANTLAL 1….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR. JAY M THAKKAR, ADVOCATE for the Applicant(s) No. 1 – 2
HCLS COMMITTEE, ADVOCATE for the Respondent(s) No. 2
MR MANRAJ A BAROT, ADVOCATE for the Respondent(s) No. 2
MR DHARMESH DEVNANI, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 06/12/2017
ORAL ORDER
1. By this application under Section 482 of the Code of Criminal
Procedure, 1973, the applicantsoriginal accused nos.2 and 3 seek to
invoke the inherent powers of this Court praying for quashing of the
F.I.R. being C.R.No.I1 of 2015 filed before the Mahila Police Station,
DistrictMehsana, for the offence punishable under Sections498(A),
323, 504 r/w.114 of the I.P.C.
2. It appears from the materials on record that the applicant no.1 is
the motherinlaw and the applicant no.2 is the fatherinlaw of the
respondent no.2 – original first informant. The respondent no.2 got
married with Hiteshkumar Jaswantlal Soni on 21/02/2006. Soon after
the marriage, matrimonial disputes cropped up between the husband
and wife. A son was born in the wedlock named Shubham. Shubham
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R/CR.MA/17462/2015 ORDER
appears to be about 11 years of age as on date. On plain reading of the
FIR, I have no hesitation in coming to the conclusion that no case worth
the name under Section498A of the IPC or any other offence is made
out.
3. I am informed that the husband is in the U.S.A. He is not paying a
single penny towards the maintenance of his wife and the child. The
husband is not before this Court. However, it would not be proper to
hold the two applicants at ransom for the misdeeds of their son.
4. In such circumstances, the F.I.R. being F.I.R. being C.R.No.I1 of
2015 filed before the Mahila Police Station, DistrictMehsana, is hereby
ordered to be quashed so far as the applicants herein are concerned.
The Investigating Officer is directed to proceed at the earliest to
secure the presence of the husband. The Investigating Officer shall take
steps to obtain a nonbailable warrant, so that the husband can be
declared as a proclaimed absconder. All steps necessary in law shall be
taken by the Investigating Officer at the earliest for securing the
presence of the husband.
Rule is made absolute to the aforesaid extent. Direct service is
permitted.
A copy of the order be provided to Ms. Thakkar, the learned APP
for its onward communication.
(J.B.PARDIWALA, J.)
aruna
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