(1.) By invoking inherent powers of this Court, the applicants-original accused, who are facing the charges for the offences of cruelty and demand of dowry have preferred this application for quashing of the chargesheet filed in connection with the FIR being CR No. 111210031220274 of 2022 registered with Mahila Police Station, Dist.: Surat City, for the offences 498A, 323, 504 and 114 of Indian Penal Code and under Ss. 3 and 4 of the Dowry Prohibition Act, 1961.
(2.) This Court has heard learned counsel Mr. Nandish Thackar, Mr. Girish Parmar for Mr. Suraj Shukla, and Ms. C.M. Shah, learned Additional Public Prosecutor for the respective parties.
(3.) Brief facts emerges from the record are that the marriage of the second respondent Khushbu Udhnawala was solemnized on 19/7/2022 at Australia. Admittedly, the applicants being mother-in- law and father-in-law are residing at Surat. Before marriage, the second respondent and the accused husband Sagar were knowing each other and on the proposal made by the husband, they tied the knot. The close family members of both the parties were present in the marriage. The applicants being parents were witness of the said marriage and stayed together with the husband and wife for sometime. It is in this background facts, the second respondent has alleged in the FIR that after four days of the marriage, the attitude of the husband and applicants turned hostile towards her and she was neglected on the petty issue. She has alleged that, she was harassed and tortured physically and mentally by the husband and in commission of the said act, the applicants have intentionally abetted and aided to their son. The sum and substance of the allegations made against the husband are that, he do not like her company and is not interested to keep the said relation further more and the husband made allegations on her characters and demanded Rs.25,00,000.00 to be brought from her parents. So far as role attributable to present applicants is concerned, it is alleged that to arrange marriage reception, they demanded Rs.25,00,000.00.