LEENABEN VIRENDRABHAI VARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) One, Leenaben Virendrabhai Verma, who is named as one of the accused in C.R. No.I-79 of 2006 registered at Dahod Town Police Station has approached this Court contending that she is falsely implicated in the F.I.R. as an accused. The offence alleged in this F.I.R. is under section 498A of the IPC and section 114 of the IPC.

(2.) Learned advocate Mr.Japan V. Dave for the applicant strenuously invited attention of the Court to the averments made in the F.I.R. in detail. The learned advocate for the applicant emphasized that the only averment regarding the present applicant is that, "the husband of the complainant (Rajesh Hanumansing Kshatriya) is having extramarital relation with the present applicant and therefore, the husband and other accused, namely, Meeraben Hanumansing Kshatriya, mother; Hanumansing Ramdayalsing Kshatriya, father, and Ritasing Hanumansing Kshatriya, sister, had beaten the complainant and told her that husband may have relation with anybody but she must not mention the same to anybody". After beating she was driven away. But thereafter with the intervention of leaders of the community and village people the matter was compromised. But once again the husband, mother in law and sister in law of the complainant again conveyed to the complainant that, "Rajesh will have affair with the present applicant and if she (complainant) wants to reside in the house, she may do so and for doing that she should bring a sum of Rs.2,00,000/- as dowry from her father." She was again beaten and driven away from the house. At present, the he complainant is at her father's place for last about 11/2 month as set out in the complaint.

(3.) So far as the aforesaid judgment is concerned the Hon'ble the Apex Court had an occasion to observe in para 10 as under: