R/SCR.A/962/2012 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION NO. 962 of 2012
VASANTKUMAR TIKAMDAS PASHWANI 10….. Petitioners
Versus
STATE OF GUJARAT 1….. Respondents
Appearance:
MR NV GANDHI(1693) for the PETITIONER(s) No. 1,10,11,2,3,4,5,6,7,8,9
MR VIRENDRA R PATEL(3681) for the PETITIONER(s) No. 1,10,11,2,3,4,5,6,7,8,9
HCLS COMMITTEE(4998) for the RESPONDENT(s) No. 2
MR HEMANT B RAVAL(3491) for the RESPONDENT(s) No. 2
MR PV PATADIYA(5924) for the RESPONDENT(s) No. 2
MS MOXA THAKKAR, APP(2) for the RESPONDENT(s) No. 1
RULE NOT RECD BACK(63) for the RESPONDENT(s) No. 2
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 14/03/2018
ORAL ORDER
1 This writ application is not pressed at the outset so far as the
applicant No.1 namely Vasantkumar Tikamdas Pashwani i.e. the husband
is concerned. This writ application is disposed of as not pressed so far as
the applicant No.1 is concerned. Rule is discharged so far as the writ
applicant No.1 is concerned.
2 By this writ application under Article 226 of the Constitution of
India, the writ applicants have prayed for the following reliefs:
“8A) Your Lordships may be pleased to admit and allow this petition;
B) Your Lordships may be pleased to issue appropriate writ of
certiorari or any other appropriate writ, order or directions and be pleased
to quash and set aside the Criminal Complaint bearing CR No.I 102 ofPage 1 of 5
R/SCR.A/962/2012 ORDER2012 under Section 498A, 506(1) and 114 of the Indian Penal Code r/w
Section 3 and 7 of Dowry Prohibition Act registered with Naranpura
Police Station, Ahmedabad;
C) Your Lordships may be pleased to stay the investigation of the
Criminal Complaint bearing CR No.I102 of 2012 under Section 498A,
506(1) and 114 of the Indian Penal Code r/w Section 3 and 7 of Dowry
Prohibition Act registered with Naranpura Police Station, Ahmedabad
pending hearing and final disposal of this petition;
D) Your Lordships may be pleased to restrain the investigation officer
for arresting petitioners in connection with Criminal Complaint bearing
CR No.I 102 of 2012 under Section 498A, 506(1) and 114 of the Indian
Penal Code r/w Section 3 and 7 of Dowry Prohibition Act registered with
Naranpura Police Station, Ahmedabad pending hearing and final disposal
of this petition.
E) Your Lordships may be pleased to grant adinterim relief in terms
of para – C D above.
F) Your Lordships may be pleased to grant any other and further relief
under the facts and circumstances of this case.”
3 The First Information Report lodged by the respondent No.2 is
extracted hereunder:
“My name is Poonamben w/o Vasantkumar Trikamdas Pesvani,
Age – 40 years, Occupation – Household work, residing – M/4/69/535,
Shastrinagar Shopping Center, Opposite Vardan Tower, Shastrinagar,
Ahmedabad. Mobile number – 97220 74271.
I dictate facts of my complaint before you that I have been residing
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R/SCR.A/962/2012 ORDER
at the aforesaid address with my elder brother Nareshbhai for last six
months. I have two daughters, the elder one Linaben is 20 years old and
the younger one Payal is 14 years.
My marriage was solemnized with one Vasanatkumar s/o
Trikamdas Tegmal, belonged to the Acharya family and a resident of
Manch village of Mount Abu as per rites and rituals of our caste before 21
years. I was given gold jewelery and other articles by my parental side. I
started living at the matrimonial home with my husband, motherinlaw
Ashaben Trikamdas, Jeth Payanbhai and his wife, husband’s younger
brother Rajeshkumar and his wife, husband’s sister Neetaben Anilkumar
Dhanani. They kept me happy at the matrimonial home for few days after
marriage. Thereafter, as my husband had the habit of drinking, he used to
beat me frequently and my motherinlaw used to often instigate my
husband and get me beaten by my husband. Moreover, the husband’s elder
and younger brothers used to taunt me frequently. But, in order to save
my marriage, I used to tolerate the harassment and when I talked to my
brother, my brother used to persuade me. My husband and the other
members of my matrimonial house used to take more work from me and
treated me as a maid servant. They asked me to bring the jewellery and
money from my parental home for which my husband used to beat me. My
husband’s sister Neetaben took away the golden jewellery which I had
brought from my parental home and the said jewellery were kept by her. I
came to know that the said jewellery was sold by my husband. But, I used
to tolerate the harassment as the condition of my parental home was not
good.
As I could not tolerate the harassment at my matrimonial home, I
came to my brother’s house along with my two daughters for the last six
months. As the education of my daughters was being spoiled, I requested
my husband for signatures, but they refused for the same and came at my
brother’s house and demanded money and administered threats to my
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brother. Though, the efforts being made to settle the disputes, they did not
cooperate. Therefore, I give this complaint to take necessary action against
the members of my inlaws as I have been caused harassment for the last
one year. My witness is my brother and others in the course of police
investigation.
The complaint is as per my dictation and true. I have received a
copy of my complaint.”
4 The respondent No.2 has implicated as many as eleven persons as
accused in the F.I.R. The writ applicant No.1, for whom this writ
application is not pressed, is the husband, the writ applicant No.2 is the
motherinlaw, the writ applicant No.3 is the brotherinlaw (Jeth), the
writ applicants Nos.4 and 6 are the sistersinlaw (Jethani), the writ
applicants Nos.7 and 9 are the brothersinlaw (Devar), the writ
applicants Nos.8 and 10 are the sistersinlaw (Devrani) and the writ
applicant No.11 is the sisterinlaw (Nanand) of the respondent No.2
herein.
5 It is brought to my notice that during the pendency of this writ
application, the writ applicant No.5 has passed away.
6 Having heard the learned counsel appearing for the parties and
having considered the materials on record, I am of the view that the
allegations of harassment, by and large, are against the husband. So far
as the other writ applicants are concerned, there is no case worth the
name to put them on trial for the offence punishable under Section 498A
of the I.P.C. as well as Sections 3 and 7 of the Dowry Prohibition Act.
7 In such circumstances, this application is allowed. The First
Information Report being IC.R. No.102 of 2012 registered at the
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Naranpura police station, Ahmedabad, is hereby quashed so far as the
writ applicants Nos.2 to 11 are concerned. All consequential proceedings
pursuant thereto stand terminated so far as the writ applicants Nos.2 to
11 are concerned. Rule is made absolute so far as the writ applicants
Nos.2 to 11 are concerned. Direct service is permitted.
(J.B. PARDIWALA, J)
CHANDRESH
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