BHIMGIRI MANGALGIRI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This quashing application by the original accused has been preferred in relation to the FIR being CR No. I-11205003200022 of 2020 registered with Mahila Police Station, Bhuj for the offences punishable under Ss. 498A, 323 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 Mr. D.M. Varandani and Mr. Sudhir Khanna for the respective parties.

(3.) The brief facts giving rise to file present application are that, the second respondent Ms. Rakhi Chetangiri has lodged the aforesaid FIR against her husband and in-laws, inter-alia, alleging that she has been subjected to cruelty and harassment by the husband and his relatives. The marriage between the parties took place on 21/5/2010. After one month of the marriage, the husband and wife went to Mumbai and settled their permanently. According to her case, initial 5 years, went smooth but thereafter, the husband started harassing her as he did not like the birth of two daughters and also tortured her on the petty issue of household works. So far as applicants are concerned, it is alleged that, they have aided and abetted the husband in committing the offence of cruelty. On the issue of dowry, it is alleged that, the husband and in-laws used to force her to bring a cash amount from parental home and the sister-in-law, who is residing near the matrimonial home, has also supported the illegal act of the husband and lastly, on 26/5/2020, she was driven out from the matrimonial home because, the husband wants a divorce.