RAJUBHAI JIVRAJBHAI JALSANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Sec. 482 of Cr.P.C., the petitioners have prayed to quash and set aside the complaint being FIR No.11193053230104 registered with Savarkundla Rural Police Station under Sec. 306 and 114 of IPC and consequential proceedings initiated in pursuance thereof.

(2.) The facts in brief are that on 31/3/2023 respondent No.2 herein filed the impugned FIR inter alia alleging that his marriage was solemnized with petitioner No.2 herein. On account of some matrimonial issues, the petitioner No.2 left her matrimonial house before about eight months and stayed at her parental house. On 26/3/2023 the complainant received a telephonic call from his mother, Gitaben, informing him to reach home and when he reached his home, his mother informed him that she had consumed poison on account of the harassment caused by his wife, i.e. applicant No.2 herein and her family members. She was immediately taken to a nearby Hospital; however, during the course of treatment, she passed away. Hence, this petition.

(3.) Heard learned advocate Mr. Gaurav Chudasama for the petitioners and perused the material on record. It appears from the allegations made in the impugned FIR that matrimonial dispute is going on between the complainant and petitioner No.2 herein. In that connection, proceedings under Sec. 498A IPC and allied Sec. and proceedings seeking maintenance have been filed against the complainant and his family members and they are reportedly pending. It also appears that a complaint regarding alleged physical assault has been filed against one of the family members of petitioner No.2 herein. As per the allegations made in the impugned FIR, the petitioners used to mentally torture the deceased by demanding huge amount towards settlement whenever the parties used to meet in the Court complex. It is specifically alleged that on account of such torture meted out by the applicants, the deceased had committed suicide.