LAWS(GJH)-2023-4-143

AKASHKUMAR RAJUBHAI PATEL Vs. STATE OF GUJARAT

Decided On April 10, 2023
Akashkumar Rajubhai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By this application filed under Sec. 482 of Cr.P.C., the applicants, seek to invoke inherent powers of this Court, praying for quashment of First Information Report being I- C.R.No.111 of 2016 registered with Prantij Police Station, Dist: Sabarkantha for the offences punishable under Ss. 498A , 323 , 504 and 114 of the Indian Penal Code.

(2.) Facts and circumstances giving rise to filing of present application are that, the applicant no.1 is the husband of respondent no.2, whereas, applicants no.2 and 3 are mother-in-law and father-in-law of respondent no.2-wife. The applicants no.4 to 9 are sisters-in-law and their husbands respectively, whereas applicant no.10 is the neighbour of applicant no.1. The applicants have been charged with Sec. 498A, 323, 504 of the Indian Penal Code. The marriage was solemnized on 6/12/2014. The respondent no.2-wife was serving as Nurse, with the private hospital. On 10/5/2016, the respondent no.2-wife eloped with one Vishal Patel with whom she had intimate relations. On 11/5/2016, missing complaint was being lodged by the applicant no.1-husband. On 26/5/2016, the questioned FIR came to be filed by the wife, against in all 10 persons, alleging inter-alia that, after some time of the marriage, she was subjected to mental and physical cruelty by the husband and his relatives. It is alleged that, the accused pressurized her to leave the job and she was tortured by the accused with respect to household works. So far sisters-in-law are concerned, it is alleged that, on different occasions, they used to come at the matrimonial home and supported the act of accused no.1 to 3.

(3.) In the aforesaid facts, the offence was registered against the applicants and after completion of investigation, charge-sheet came to be filed for the offences as referred above.