4 WHETHER THIS CASE INVOLVES A Vs. NARMADABEN

JUDGEMENT

(1.) By this application under section 482 of the Cr.P.C., 1973, the applicants seek to invoke the inherent powers of this Court praying for quashing of the first information report registered before the Vatva GIDC Police Station, Ahmedabad City being C.R. No.I-66 of 2015 for the offence punishable under section 498(A) read with section 114 of the Indian Penal Code and sections 3 , 4 and 7 of the Dowry Prohibition Act.

(2.) The parties before me are from the Bharvad Community. A very unusual custom prevails in this community. Ordinarily, the girls in the community, get married at a very tender age. After the marriage, the girl stays back at her parents' home. After couple of years, the family of the husband would come and take the bride at her matrimonial home. This is one such case in hand. The applicant No.1 is the husband, the applicant No.2 is the mother-in-law, the applicant No.3 is the father-in- law, the applicant No.4 is the brother-in-law, the applicant No.5 is the sister-in-law and the applicant No.6 is also the sister-in- law of the respondent No.1-original first informant. The marriage of the respondent No.1 was solemnized with the applicant No.1 herein in the year 2001. After the marriage was solemnized in 2001, the respondent-wife remained at her parental home till 2005. In 2005, the husband and his family members brought the respondent No.1 to her matrimonial home. In the wedlock, two children were born. It is the case of the wife that at the matrimonial home, there was lot of harassment at the end of the applicants on trivial issues like the household work etc. It is her case that although the husband used to harass her, yet, the parents refused to say a word, and on the contrary, instigated the husband. Indisputably, in the year 2013, she left the matrimonial home and returned to her parental home. This is evident from the averments made in the first information report itself. Two years after she left the matrimonial home, she thought fit to lodge the first information report levelling allegations of cruelty. As usual, if the wife decides to file a first information report with the police, then there has got to be certain stereotype allegations.

(3.) In the overall view of the matter, I am convinced that this is not a case, in which, the applicants should be prosecuted for the offences as alleged. On the contrary, the parties should sit together and either resolve the dispute amicably or dissolve the marriage with mutual consent.