MUMTAZBIBI MAHEBUBBEG MIRZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By invoking inherent powers of this Court, the applicants - original accused have preferred this application under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR being C.R.No.11215021220228 of 2022 registered with Petlad Town Police Station, Dist.: Anand for the offences punishable under Ss. 498(A), 323, 504, 506(2) and 114 of the Indian Penal Code, read with Ss. 3 and 4 of the Dowry Prohibition Act, 1961.

(2.) Brief facts leading to file present application are that on 9/11/2020, the marriage of the private respondent Farhin Banu Malek was solemnized with Rifakat Beg and thereafter, she went to her matrimonial home at Petlad. The applicants are mother in law and sisters in law. The applicant nos.3, 4 and 5 are living separately at their matrimonial home as their marriage took place prior to the marriage of the second respondent. The second respondent gave a birth a baby-boy. Till the birth of the child, everything was normal. Thereafter, the dispute arose between the husband and wife as according to case of the second respondent, the husband was suspecting on her character and put on her restriction and she was prevented to visit the market, etc. In these background facts, by lodging the FIR against six persons including the husband, the second respondent has alleged that she was subjected to physical and mental cruelty by the accused. So far as applicants are concerned, it is alleged that they instigated the husband in commission of the act of the cruelty.

(3.) Pursuant to the registration of the FIR, the mother in law and four sisters in law have preferred this application inter alia stating that the second respondent wife has misused the police machinery and lodged a false and frivolous FIR without their being any active role on their part.