NISHITABEN CHETANKUMAR JHAVERI Vs. CHETANBHAI ARVINBHAI JHAVERI

JUDGEMENT

(1.) These two applications are filed invoking Sections 482 of the Code of Criminal Procedure, 1973 for quashment of complaint being C.R.-I No.75 of 2013 registered with Karanj Police Station, Ahmedabad City for the offence punishable under sections 406, 420, 467, 468, 471 and 114 of Indian Penal Code and the subsequent proceedings arising therefrom.

(2.) Learned advocates for the respective parties and the complainant were heard at length through Video Conference on 04.12.2020. Learned advocates were heard on earlier dates also.

(3.) Mr.Surti, learned advocate for the applicants / accused wife and the father-in-law of the complainant has submitted that no offence is committed by any accused. It is further submitted that, the wife with children was driven out of her matrimonial home by the husband and is staying with her father since June, 2013. Grievance is also made that the husband wants divorce papers be signed unconditionally, which the wife can not agree and therefore as arm-twisting tactic, impugned proceedings are taken out by the husband. It is further submitted that since the husband was not giving any information with regard to even LIC policies of the children, the mother had, to keep the record up-to-date, requested the Authorities (of LIC) to give duplicate copy of LIC policies of her children, after due procedure and no benefit is earned out of it and therefore no offence is committed. It is further submitted that the vehemence on the part of the complainant is to that extent that, he is not ready even for mediation. According to him, the impugned proceedings need to be quashed and set aside, since it is abuse of process of law, initiated by the powerful husband against the weak children and wife.