NARENDRA NARSINHLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants - original accused Nos.2 and 3 seek to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No.3011 of 2011 pending in the Court of the Chief Judicial Magistrate, Ahmedabad (Rural) arising from the First Information Report being C.R. No.I 81 of 2011 registered with the Satellite Police Station, Ahmedabad for the offence punishable under Sections 498A and 323 read with 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act.

(2.) It appears from the materials on record that the respondent No.2 got married with one Chirag Narendrabhai Shah in the year 1998. In the wedlock, a son named 'Dev' was born. 'Dev', as on date, appears to be 15 years of age. It appears that matrimonial disputes cropped up between the husband and wife, which, ultimately, led to the filing of the First Information Report referred to above. The applicant No.1 herein is the father in law and the applicant No.2 is the married sister in law of the respondent No.2. The husband is not before this Court. The First Information Report lodged by the respondent No.2 is extracted hereunder: "Date: 9/2/2011 My name is Hiralben by caste Shah, Age 35 years, Occu: Housewife, residing at B/2/2013, Green Acre, Prahladnagar, Satellite, Ahmedabad. Mob No.9879010081. On being personally asked, I declare and dictate facts of my complainant that I reside at the aforesaid address with my son Dev, age 8 years since 2nd July, 2010. My husband is residing with his mother Daxaben and father Narendrabhai at Shaym Bungalow, Nr. Poga Nursery, Nr. Shyamal Cross Road, Satellite, Ahmedabad. My mother Shariyuben and father Dineshbhai Joshi are residing at Tirupati Bungalow, Behind Dharti Resort, Palanpur. My marriage was solemnized with Chirag in the year 1998 in Revera Hotel. After our love affair, our marriage was solemnized in presence of the people of society and as per the customs of the society. After marriage, I started living at my in laws' house with my husband and parents in law. I have two sisters in law. Both my sister in law Alpaben wife of Sanjay Alok and younger sister in law Ulupi wife of Niraj Parikh are residing with their in laws. After marriage, my husband and father in law were frequently taunting me regarding household work and my husband used to get instigated on me on petty issues and he was beating me. My sister in law Ulupi wife of Nirajbhai Parikh residing at Rivera Elegance, Satellite, Ahmedabad was frequently visiting my in law's house and she was instigating my husband and father in law and she was also taunting for dowry. On being instigated by her, my husband used to beat me. After about one year of the marriage, one day my father in law made indecent demand before me. But I did not tell my husband about this. Because, this may cause quarrel in the house. Before about eight months, when I told my husband about the aforesaid demand made by my father in law, my husband got instigated and I was driven out of the house and thereafter, a flat was hired for me in Green Acre, Opposite Prahladnagar Pond. My son and I both are residing in this flat. My husband visits this flat frequently and he also beats me. Today, at about 5 30 hrs in evening, my husband came to my flat to take my son Dev and he was taking my son to make him meet my parents in law. But as my son denied to go, he slapped him. Therefore, my son started crying. I also started stopping him and therefore he left. Therefore, as my husband, father in0law and sister in law Ulupi are harassing me mentally and physically and as they are taunting me regarding dowry and as my son has been also slapped today, here is my complaint to take legal actions. My witnesses are those who are found during the investigation. This much fact of mine is true and correct as dictated by me. I have received a copy of the complaint."

(3.) On conclusion of the investigation, the police filed chargesheet and the filing of the chargesheet culminated in the criminal case referred to above.