ISHWARBHAI VALJIBHAI VAGHELA Vs. LABHUBEN

JUDGEMENT

(1.) By way of the present application under Sec. 482 of the Code of Criminal Procedure, the applicant accused Ishwarbhai Valjibhai Vaghela seeks to invoke the inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure for quashing the order dtd. 6/8/2012 passed by the Court of learned Judicial Magistrate First Class, Jafrabad, District: Amreli in private complaint being Criminal Case No.324 of 2010 on 6/8/2012 for the offences punishable under Sec. 498A , 420 , 406 and 114 of the Indian Penal Code as well as quashing of all consequential proceedings arising therefrom.

(2.) Facts and circumstances giving rise to filing of the present application are that the respondent complainant married, to present applicant on 19/5/1995. The private complaint, as referred above, is filed against four persons, namely, the husband, father-in-law, mother-in-law and brother-in-law. It is alleged by the complainant respondent that after some time of the marriage, she was subjected to cruelty and harassment by the husband and his relatives. The main allegation alleged in the complaint is that the husband was asking the wife to bring Rs.1,00,000.00 from her parental home, as he had spent unnecessary amount towards the marriage ceremony. It is further alleged in the complaint that the husband was unemployed, whereas she is working as a teacher and, therefore, the husband was having more expectations that she should help the family in monetary aspects.

(3.) It is alleged by the respondent complainant that she had been harassed with a view to coercing her to meet unlawful demand of dowry and sometimes she was assaulted by the husband also. It is alleged that at the time of marriage, the earlier marriage of the applicant husband was subsisting and that the same has been suppressed by the husband and, thereby he has committed an offence of criminal breach of trust and cheating. It is alleged that in the month of September, 1996, she was driven out from the matrimonial home by the husband and in-laws and since then, she was compelled to live at her parental home.