NARESHBHAI PARSHOTTAMBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the above captioned applications, the applicants of Criminal Misc. Application No.16102 of 2016 have prayed to quash and set aside the FIR being CR No. I - 108 of 2016 registered at 'C' Division Police Station, District : Bharuch dtd. 21/6/2016 for the offence punishable under Ss. 143 , 323 and 506(2) of the Indian Penal Code and all other consequential proceedings arising out of the F.I.R. qua the applicants herein whereas, the applicant of Criminal Misc. Application No.12432 of 2016 has prayed to quash and set aside the FIR being CR No. II - 123 of 2016 registered at 'C' Division Police Station, Bharuch, District : Bharuch dtd. 8/5/2016 for the offence punishable under Ss. 323 , 504 and 506(2) of the Indian Penal Code and all other consequential proceedings arising out of the F.I.R. qua the applicant.

(2.) The applicants of Criminal Misc. Application No.16102 of 2016, being family members i.e. father, mother, maternal uncles and aunts of Vaishaliben i.e. wife of original complainant - respondent No.2 herein, are before this Court for quashing of the impugned complaint filed by the respondent No.2- Niravkumar, the husband of Vaishaliben.

(3.) It is the case of the applicants herein that the daughter of applicant Nos.1 and 2 viz. Vaishaliben married to the respondent No.2 on 2/5/2015 and thereafter, started residing at Bharuch with her in-laws. After sometime, the respondent No.2 - original complainant came to know about Vaishaliben's relationship with one boy, which resulted into the divorce, which has taken place between Vaishaliben and the respondent No.2- original complainant in the year 2015 by executing a divorce deed before the Notary - Daxaben. The copy of the said divorce deed was not given to the applicants herein. However, subsequent thereto the parties have arrived at a settlement and Vaishaliben i.e. daughter of applicant Nos.1 and 2 herein was sent back to her matrimonial house after which she was subjected to physical and mental cruelty. The applicants had gone to pick up Vaishaliben from her matrimonial house on 8/5/2016 wherein she was under constant pressure and Vaishaliben was also ready to go with her parents but, at the last minute she was called by her husband i.e. the respondent No.2 - original complainant in the bed room and after 10 minutes, Vaishaliben refused to go with her parents because she was given threats by her husband i.e. the respondent No.2 to expose her in the society and to defame her parents. The applicants were also assaulted and given threats by the original complainant - respondent No.2 herein and his family members, which resulted into the impugned FIR being CR No. I - 108 of 2016 registered at 'C' Division Police Station, Bharuch, District : Bharuch dtd. 21/6/2016.