TANVEER HAROONBHAI MOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By invoking inherent power of this Court, the applicants-original accused have preferred this quashing petition under Sec. 482 of Cr.P.C. in relation to the FIR being C.R. No. 11208001210008 of 2021 registered with Mahila Police Station, Rajkot City for the offence punishable with Ss. 498(A), 323, 504, 506(2) read with Sec. 114 of the Indian Penal Code and Ss. 3 and 4 of the Dowry Prohibition Act, 1961.

(2.) This Court has heard learned Counsel Ms. Shivangi Rana appearing for and on behalf of the applicants. Despite of notice of service of rule, the second respondent wife, who has lodged the FIR, has chosen not to contest the present application and remained absent throughout the proceedings.

(3.) The brief facts giving rise to file the present application are that, the parties are Muslim by caste. The marriage of the second respondent with Tanveer Haroon was solemnized on 14/6/2020. The second respondent before the marriage was doing her practice as an Advocate at Rajkot. After sometime of the marriage, matrimonial disputes arose between the parties. In this background facts, FIR being lodged by the second respondent against the husband and his parents, inter alia, alleging that she was subjected to harassment by the accused on the issue of day-to-day house-hold works and dowry. The father-in-law is a Radiologist whereas mother-in-law retired Government Officer. It is alleged in the FIR that the parents harassed the second respondent on the issue of house-hold works and always tortured her saying that she does not have any knowledge of cooking. The second issue raised is that she was pressurized by the in-laws to bring cash amount of Rs.10.00 Lakhs from her parental home. She being a house-wife, not having any income and, therefore, the qualification of non-earning person of her would be the reason for harassment by the in-laws. So far as husband is concerned, it is alleged that he always supported the acts of his parents and before she could leave the house, the husband and his parents, threatened her that she would be driven out from the matrimonial home. In such circumstances, on the safer side, she left the matrimonial home with all ornaments and other items along with the cash amount and came back at her parental home at Rajkot, where she has lodged the aforesaid FIR.