MANHAR KANJIBHAI PUJARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application filed by the applicants under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing the FIR being I-C.R.No.32 of 2014 registered with Dhangadhra City Police Station, District Surendranagar for the offences punishable under Ss. 498-A and 114 of the Indian Penal Code and Ss. 3 and 4 of the Dowry Prohibition Act, 1961. Applicants before this Court are the father-in-law, husband, brother-in-law, aunt's son and aunt's daughter.

(2.) It is the case of the prosecution that the love marriage of the complainant, namely, Khusbooben Pujara solemnized with applicant No.2 on 6/9/2012. Due to the love marriage, with the help of the applicant Nos.4 and 5, initially they stayed in rented premises where as per the version of the FIR she was treated well for some time. Thereafter, harassment and torturing was started by the applicant No.2 on the domestic work. It is further alleged that the applicant No.2 was suspecting on chastity of his wife. Younger brother of the accused, who is applicant No.3 had started staying with the applicant No.2 and the complainant where it is alleged that he was having evil- sight and not properly behaving with the complainant. On making complaint to the husband i.e. applicant No.2, the husband disclosed the said things to the applicant Nos.4 and 5, who are the cousin brother and sister and thereafter all the four persons had started abusing to the complainant, beating and confining in the room and not allowing to move outside the room. When the father-in- law-applicant No.1 was informed by the complainant with regard to the harassment meted out at the end of the applicant No.2, he also favoured to the husband and all five persons were asking to have the dowry from the father of the complainant and demanding Rs.2.00 Lakh and 10 tola gold. At the end, she was threatened that if, she would not surrender as per their say, she would set a fire by pouring kerosene. This harassment and torturing were continued for six months and thereafter when the complainant called the parents and informed with regard to the behavior of the applicants, the father of the complainant informed to come back to the parental house. It is further alleged that when she reached to the parental house, she was further threatened by the husband that if she will come out from the house then acid would be thrown on her face and they would ruin the life of the complainant. With the above mentioned allegations, the FIR came to be lodged with Dhangadhra City Police Station for allege Sec. .

(3.) This Court on 26/11/2019 while issuing the Rule had passed the following order: