GEETABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants - original accused Nos. 4 and 5 seek to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No.9180 of 2014 pending in the Court of the Judicial Magistrate First Class, Rajkot arising from a First Information Report being C.R. No.II 277 of 2014 lodged with the Rajkot Mahila Police Station, Rajkot for the offence punishable under Sections 498A, 323, 504 and 506(2) read with 114 of the Indian Penal Code.

(2.) It appears from the materials on record that in the F.I.R., in all seven persons have been arraigned as the accused:

(3.) The applicants before me are the original accused Nos.4 and 5. The applicant No.1 namely Geetaben happens to be the sister of the husband and the applicant No.2 is the husband of the applicant No.1. The applicant No.1 namely Geetaben got married with the applicant No.2 almost eight years before the marriage of the respondent No.2 herein with Dipakbhai Ambabhai Rathod - original accused No.1. The marriage of the respondent No.2 with the original accused No.1 was solemnized almost seventeen years before the date of the registration of the F.I.R. In the wedlock, three children were born. A son and two daughters. The son was named 'Yagnik' aged 19 as on date. Thereafter, daughter by name 'Urvashi' aged 12 as on date and the youngest daughter by name 'Hiral'. The allegations in the F.I.R. are that of harassment and cruelty. The only case against the applicants herein is that as and when they used to come at the matrimonial home of the respondent No.2, they used to instigate the husband and in laws. As a result, the husband and the in laws used to treat the respondent No.2 with cruelty.