SONALBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have filed this petition under Article 226 of the Constitution of India and inherent powers under section 482 of the Criminal Procedure Code, 1973 (Code) with a prayer to quash and set aside the the FIR being C.R. No. 11210008200291 of 2020, registered with Sarthana Police Station, Surat City, District: Surat for the offences punishable under sections 498A, 354A(1)(i), 294(b) and 114 of the Indian Penal Code, 1860 (IPC), with all other consequential proceedings arising therefrom.

(2.) This Court had issued Rule on 22.06.2020. Thereafter, the matter is listed from time to time, however, though served, the respondent No. 2 - original complainant neither appeared in person or through an advocate.

(3.) Facts in nutshell of the case on hand are that marriage of the original complainant had been solemnized with one Ankitbhai Girdharbhai Patel on 25.11.2018 at Surat. As per the allegations levelled in the FIR, initially, she was treated well, however, soon after the present petitioner No. 1, who happens to be sister-in-law (Nanand) of the original complainant, came for delivery at her (parental) house, problems start occurring. It is alleged that the husband, parents-in-law as well as the sister-in-law and the brother-in-law of the original complainant started giving her physical and mental torture, which continued after delivery of her sister-in-law. Her father-in-law also misbehaved with her several times. Eventually, the original complainant left her matrimonial home and lodged the impugned FIR.