RAJKUMARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of filing the present application preferred under 482 of the Code of Criminal Procedure, the applicants have approached this Court for quashment of FIR being CR.No.I-96 of 2014 registered with Umara police station, Surat for the offences punishable under Sec. 323 , 504 , 506(2) , 498A and 114 of the Indian Penal Code and Sec. 3 and 7 of the Prevention of Dowry Act.

(2.) Facts and circumstances of the present case, giving rise to filing of the present application are that the marriage of respondent No.2 Dipika Rohan Bayad was solemnized 11/7/2008. After the marriage, she went to Kolkata at her matrimonial home. She also stayed at U.S. and Canada with her husband accused No.1. In the year 2009 both the husband and wife came back to India and decided to settle at Surat, Gujarat. Matrimonial dispute arose between the parties, as the father of the complainant had given Rs.14.00 lakhs for the purpose of business and also extended financial help in purchasing a house at Surat. It is alleged by the complainant wife that she was subjected to cruelty and harassment by the husband and his relatives with a view to coercing her to meet unlawful demand in the form of dowry. The questioned FIR was being lodged against eight persons. The applicants herein have been arraigned as accused Nos.4 to 8. They are maternal aunt, sister-in-law and her husband and elder brother-in-law. So far as the applicants are concerned, it is alleged that at the time of marriage sufficient dowry had not been given by the parents and, thereafter, there was continuous harassment on the aspect of demand of dowry.

(3.) In the aforesaid facts, respondents No.2 complainant lodged the FIR against the husband and in-laws alleging that she was subjected to cruelty and harassment by the applicants.