BABUBHAI SADABHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of 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 CR.No.I-120 of 2013 registered with Chhani police station, Vadodara for the offences punishable under Ss. 498A , 323 , 506(2) , 294(A) and 114 of the Indian Penal and under Sec. 3 and 7 of the Dowry Prohibition Act.

(2.) The facts and circumstances giving rise to filing of the present application are that respondent no.2 - Ranjanben Muljibhai Maganbhai Parmar, was married to Anilkumar Sadabhai Rathod on 21/1/2007. This is a second marriage of respondent No.2. Applicants No.1 to 3 are elder brother-in-law, whereas applicant No.4 is husband of sister-in-law. It is alleged that respondent No.2 wife was subjected to harassment and cruelty by husband and in- laws. It is alleged that after some time of the marriage, the husband was harassing her on the issue of day to day household works and was being beaten up by husband without any fault on her part. It is further alleged that after delivery of a girl child, the husband was not happy and again harassment and cruelty was meted out on her on such pretext. It is alleged that the husband used to ask to bring Rs.2.00 lakhs from the father of respondent No.2. It is alleged in the First Information Report that due to constant physical and mental harassment by husband, she had left the matrimonial home. So far as allegations levelled against the applicants are concerned, it is alleged that the in-laws used to instigate the husband and as a result, she was subjected to cruelty and harassment. In the aforesaid facts, respondent No.2 lodged an FIR for the offences as referred to hereinabove against the husband and present applicants.

(3.) This Court has heard learned counsel Mr. Pratik Barot, Mr. D.O. Barod and Mr. Pranav Trivedi, learned APP for the respective parties.