VINAYAKRAV KASHIRAM SALVE Vs. STATE OF GUJARAT

JUDGEMENT

(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 FIR being CR No.11210050221310 of 2022 registered with Rander Police Station, Dist.: Surat, for the offences 498A, 323, 504, and 114 of Indian Penal Code.

(2.) This Court has heard learned counsel Mr. Manan Patel, Ms. Urmila J. Desai and Mr. Jay Mehta, learned Additional Public Prosecutor for the respective parties.

(3.) Brief facts revels from the record are that the applicants are father-in-law and mother-in-law of the second respondent - Reshma Salve. The marriage of the second respondent was solemnized on 27/7/2021 with the accused Mukesh Salve. This is a second marriage of the second respondent. Her first marriage took place in the year 2010 and after getting divorce from her earlier husband, she again married with the accused no. 3. The applicants and the husband are living at Mumbai and after the marriage, the second respondent went to Mumbai. The husband having a bakery shop, was used to leave the home in the early morning and come at late night. As a result, the matrimonial dispute arose between husband and wife and on making complaint, the quarrel took place between them. So far as mother-in-law is concerned, it is alleged that, on the petty issue of household works, she was harassed by her and threatened her that, she will drive her out from the home. It is alleged that on 21/10/2022, due to dispute she was beaten up and husband administered a threat that he will commit a suicide. In such circumstances, fade with the issues, the FIR being lodged against the applicants, inter-alia, alleging that during the marriage span, she was subjected to harassment by the applicants and the husband, whereby, they have committed act of cruelty, as defined under Sec. 498A of the Indian Penal Code.