RIDDIBEN HEMANTBHAI PORECHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Section 482 of the Code of Criminal Procedure the petitioner original-accused No.4 has prayed for an appropriate order to quash and set aside the FIR being C.R. No. I-74/2007 registered at Bavla police station so far as the applicant is concerned.

(2.) The respondent No.2 herein original-complainant has filed FIR being CR No. I-74/2007 against the petitioner and others for the offences under Section 406, 420, 114 of the IPC. Original-accused No.1 is husband of original complainant; original-accused No. 2 and 3 are father-in-law and mother-in-law respectively. It is alleged in the complaint that original-complainant has got married with original-accused No.1 in the month of December 2000 as per Hindu rites and they were residing at their residence at Padra Road, Vadodara. It is averred in the complaint that her father had given some ornaments and other household articles at the time of marriage to the husband and his family and she had submitted a list of some 37 items. It is further alleged that because of the pressure and instigation from her in-laws her husband had beaten her and driven out of the house and she is now staying with her parents with her kid at Bavla. It is further alleged that the accused persons have not returned the household articles/ornaments given at the time of marriage and therefore all the accused persons have committed offences punishable under Section 406, 420, 114 of the IPC. As the said complaint is filed by the petitioner, original-accused No.4 also and according to the petitioner the aforesaid complaint has been filed only with a view to harass her and she has nothing to do with internal family matter of the complainant and husband. It is also submitted that she is not the family member, she is unmarried and staying at her parents house working as insurance agent and therefore it is requested to quash the complaint/FIR.

(3.) Learned advocate on behalf of original-complainant has tried to submit that a prima facie case is made against the petitioner also for the offences under Section 406, 420, 114 of the IPC. As it is alleged that the petitioner was instigating the original-accused No.1 there was no illtreatment by her husband and therefore it is requested not to exercise the powers under Section 482 of the Code of Criminal Procedure.