PATEL KIRITKUMAR RAMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr.M.K.Vakharia for the applicants does not press the present application for applicant no.1 i.e. Patel Kiritkumar Ramabhai. As far as the said applicant No.1 is concerned, this petition stands disposed of as not pressed. Learned advocate for the applicants further stated that applicant No.2 i.e. Patel Ramabhai Ishwarbhai has expired on 15th September, 2014. The application is abated qua applicant No.2 and does not survive.

(2.) By invoking Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed for quashment of First Information Report bearing Crime Register No.I-124 of 2013 dated 27th May, 2013 registered with Ghatlodia Police Station, Ahmedabad under Sections 498A, 323, and 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act.

(3.) The facts as stated by the applicants in the present application are inter alia that the applicant No.1 is a U.S. Citizen, residing at Los Angeles, California State and was doing job as a Cashier in Gas Store. His marriage was solemnized with the complainant-Aartiben on 07th December, 1997 in a group marriage ceremony at the village and subsequently was registered with Sub Registrar of Marriages, Ahmedabad. According to the applicants, there was neither mutual understanding nor matrimonial harmony between the applicant-husband and complainant-wife, which resulted into customary divorce as prevalent in their community by means of executing a notarised Deed of Divorce on 15th March, 2008. It was stated that after daughter and son borne out of the wedlock, the applicant sent America in the year 1999 and also upto 2010.