REKHABEN HITENDRABHAI VANVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By invoking inherent and extraordinary powers of this Court, the applicants - original accused have preferred this quashing application in relation to the FIR being C.R.No.11203030210469 of 2021 registered with Kesod Police Station, Junagadh for the offence punishable under Ss. 498(A), 323, 504, 506(2) read with Sec. 114 of the Indian Penal Code and Sec. 4 of the Dowry Prohibition Act, 1961.

(2.) This Court has heard learned counsel Mr.Krunal Shahi and learned counsel Ms.A.A. Shaikh for the respective parties.

(3.) Brief facts leading to file present application are that the marriage of second respondent Sangita Rathod was solemnized with accused Jitendra Rathod on 3/5/2009. The husband is serving in Army and his job is transferable. After the marriage, the second respondent went to her matrimonial home at Dholaji where she had resided in a joint family, consisting of father in law and mother in law. She lodged an FIR inter alia alleging that during the span of marriage life i.e. from 3/5/2009 to 21/2/2021, she was subjected to cruelty and harassment by the husband and his relatives. Admittedly, the present applicants are married sisters in law and their marriage solemnized much before the marriage of the second respondent and all three sisters in law living at their respective matrimonial home. According to her case, after six months of the marriage, she was harassed by mother in law on the petty issue of household works and demanded by her the gold ornament to be brought from her parental home. So far as applicants are concerned, it is alleged that as and when they come to the matrimonial home at Dholaji, they have aided and abetted the accused in committing the offence of cruelty. One of the sisters in law viz. Rekhaben against whom, it is alleged that when she came to matrimonial home by raising the dispute, she caused a physical harm and abused her. So far as husband is concerned, it is alleged that he is maintaining illegal relationship with the woman named in the FIR and on this issue, the dispute arose between husband and wife and lastly, on 21/2/2021, she was severally beaten by her husband and driven out from the matrimonial home and since then, she is living at Kesod.