MANUBHAI BABUBHAI NAGRECHA (GAJJAR) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By invoking inherent power of this Court, the applicant-original accused Manubhai Nagrecha, has preferred this quashing petition under Sec. 482 of Cr.P.C in relation to the FIR being C.R. No. 11210004201615 of 2020 registered with Amroli Police Station, Surat for the offence punishable under Ss. 498(A), 323 and 114 of the Indian Penal Code.

(2.) This Court has heard learned Counsel Mr. Punam Gadhvi appearing for and on behalf of the applicant. 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 marriage of the second respondent Ms. Mittal Dipesh Nagrecha was solemnized on 4/12/2016 with accused No.5 Dipesh Manubhai. She has lodged the aforesaid FIR impleading therein in all 5 persons, inter alia, alleging that after her marriage, when she went to matrimonial home, she was subjected to harassment by the husband and his relatives. The applicant herein is father-in-law. In the FIR, it is alleged that on the second day of the marriage, the mother-in-law and sister-in-law started harassing her on the issue of insufficient dowry and treated her as a maid and the said harassment was continued for about 3 months and thereafter, she went to her parental home and stayed there about 6 months as the husband and in- laws were not interested to take her back. She filed a complaint with the Surat Police Station. Due to compromise, she again went to matrimonial home and after birth of male-child, she was again tortured and harassed by the in-laws and on the petty issues, the dispute arose, as a result, the husband used to beat her. In order to resolve the dispute, the husband-wife have decided to live separately and on the birthday of her son, the in-laws came to her house where again the dispute arose, as a result, she constrained to live the house and since last 4 months, she is living at her parental house. So far as applicant father-in-law is concerned, it is alleged that he aided and abetted the husband in commission of the alleged offence of cruelty.