DIPALBEN JAGIRKUMAR PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, under Sec. 482 of the Cr.P.C., the original accused no. 4 Dipalben Jagirkumar Patel seeks to invoke inherent powers of this Court, praying quashing of FIR being I-CR. No. 11191022220649 of 2022 registered with Ishanpur Police Station, Ahmedabad for the offence punishable under Ss. 498A, 294B, 106(2) and 114 of the Indian Penal Code and Ss. 3 and 4 of the Dowry Prohibition Act.

(2.) This Court has heard learned counsel Mr. C.B. Dastoor, Manish Patel and Ms. Chetna Shah, learned State Counsel for the respective parties.

(3.) The private respondent Krishna Nilesh Patel has lodged a criminal complaint for the offence of cruelty and dowry demand. The marriage was solemnized on 18/1/2022 at village Borsad, Dist.: Anand. The husband Nilesh Patel and his parents as well as the applicant - sister are permanent resident of Canada and for the marriage purpose, the husband and his parents came to India in the month of January, 2022. The applicant being a sister-in-law and resident of Canada, could not attended the marriage and in her absence, marriage was solemnized. During four months of the marriage span, the matrimonial dispute cropped up in relation to the VISA for Canada. According to case of private respondent complainant, the husband and in-laws used to demand Rs.20,00,000.00 for VISA expenses as well as for getting permanent residence of Canada. The applicant herein along with her husband came to India in the month of February, 2022 for social purpose and their stay was extended upto August, 2022. The issue of VISA and permanent residence of Canada was become serious and on that ground, the respondent wife left the matrimonial home. In the FIR, she alleges that the husband and his parents harassed her and asked to bring Rs.20,00,000.00 from her father and considering the economic situation of the parents, she could not manage the said amount. So far, role of present applicant - sister-in-law is concerned, it is alleged that when she was in India, she abated the principal accused in relation to demand of dowry.