JATINKUMAR VINODCHANDRA KADALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application has been filed under Sec. 482 of the Cr.P.C., praying therein that, the FIR being CR. No. 11216008220027 of 2022 registered with Sector 7 Gandhinagar Police Station, for the offences punishable under Ss. 498A, 504 and 114 of the Indian Penal Code and Sec. 3 and 4 of the Dowry Prohibition Act.

(2.) This Court has heard Mr. Dhaval Trivedi, learned advocate for Mr. Pratik Barot and State Counsel Mr. Jay Mehta. When the matter is called out, learned advocate for the respondent no. 2 did not remain present to assist the Court.

(3.) Brief facts giving rise to file present application are that, the applicants are relatives and in-laws of the husband Amit Kundaliya, whose marriage with the second respondent was solemnized on 29/4/2016. The second respondent wife has lodged the criminal proceedings against the applicants, inter-alia, alleging against them that she was subjected to cruelty by the applicants. In the FIR, it is alleged that, after the marriage, she lived one year at her parental home and used to come at her matrimonial home at Ahmedabad. The husband was serving at Mumbai, as a result, after her pregnancy, she again went to her parental home for delivery. After the delivery of a daughter, when she came at her matrimonial home, the dispute arose on petty issue of household works and she was harassed by mother-in-law and father- in-law and hurled abusive by them. On delivering the female child, the in-laws do not like it, as they want a son and on this issue, she was mentally harassed by the in-laws. On the issue of dowry, it is alleged that, the applicants asked her to bring the cash amount from her father, as after his retirement, he got retiral benefits of substantial amount. The dispute was compromised and thereafter she went to Mumbai to reside with her husband and stayed there for about 3 months and again came to matrimonial home at Ahmedabad, where she was tortured mentally and physically. It is alleged that on 17/11/2021, in the presence of her brother, the scuffle took place between the husband and her brother. So far as sister-in-law and her husbands are concerned, it is alleged that, as and when they took visit at the matrimonial home, they always provoked the husband and other family members on the issue of cruelty and demand of dowry.