PRAMODBHAI MOHANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. The present application is filed for seeking following reliefs:

(2.) Brief facts as per the case of the applicants in this application are as such that respondent no.2 married with the son of applicants on 29/1/2004. Further, there is a love marriage of complainant with son of applicants namely Mitulbhai. Even as per FIR, complainant & son of applicants are residing separately from applicants since 2011 and staying together at Ahmedabad. It is further the case of the applicants in this application that allegation of torturing by applicants to complainant prior to said separation is vague, not specific and stale as well. It is further the case of the applicants in this application that according to the respondent no.2 as alleged, she has been ill-treated by her husband and whenever, applicants came to her home-Ahmedabad, due to incitation of applicants to her husband, they all ill- treated respondent no.2. As such entire allegation against applicants are false story concocted by respondent no.2 because since decade respondent no.2 is residing separately from applicants and just to rope the applicants into alleged offence, a false FIR came to be filed against them. It is further the case of the applicants in this application that applicants are USA citizen since 2011 and residing there permanently and before become USA citizen also, they were residing at USA since 2002 also holding green card prior to get citizenship. It is further the case of the applicants in this application that having separately residing from respondent no.2-daughter in law, applicants have hardly any occasion to stay with her on their visit to India after 2011 than allegation of torturing and ill-treating her is far away from truth. It is further the case of the applicants in this application that domestic issue if any between respondent no.2 with her husband-son of applicants has no direct relation with applicants being residing separately from them. It is further the case of the applicants in this application that FIR is filed with a malafide intention to drag in-laws who are senior citizen without there being any fault on their part. It is further submitted that allegation of cruelty against applicants leveled in FIR is of years back. This itself shows that allegation made in the complaint is got up one and without any proof or material to substantiate the allegation. It is further the case of the applicants in this application that FIR came to be lodged at Jamnagar, whereas alleged offence occurred at Ahmedabad then also, FIR requires to be quashed. Hence, this application is preferred.

(3.) Heard learned advocate Mr. Maulik J. Shelat for the applicants and Mr. Dhawan Jayswal, learned Assistant Government Pleader (APP) for and on behalf of respondent No.1 - State. Though service of notice, respondent No.2 has not chosen to appear.