When court should quash prosecution U/S 498A of IPC against family members of husband?
Having heard the learned counsel appearing for the
parties and having considered the materials on record, I am of
the view that no case is made out of any harassment or cruelty
within the meaning of section 498(A) of the IPC so far as the
applicants Nos.2, 3 and 4 are concerned. I take notice of the
fact that the applicant No.2 is the father-in-law, the applicant
No.3 is the mother-in-law and the applicant No.4 is the sisterin-law.
6. I am inclined to accept the case put up by the applicants
Nos.2, 3 and 4 in this petition. This application, therefore,
succeeds and is hereby allowed so far as the applicants Nos. 2,
3 and 4 are concerned. The first information report being C.R.
No.II-30 of 2015 registered at the Mahila Police Station, Rajkot
is hereby quashed. The Investigating Officer shall now
proceed further with the investigation of the first information
report so far as the applicant No.1 husband is concerned.
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2180 of 2015
RITESHBHAI RAMESHBHAI RUPARELIYA & 3
V
STATE OF GUJARAT & 1
CORAM: MR.JUSTICE J.B.PARDIWALA
Date : 10/11/2017
https://www.lawweb.in/2017/11/when-court-should-quash-prosecution-us.html