CASE TITLE
JYANTILAL VADILAL SHAH & ORS VS STATE OF GUJARAT & ORS
BENCH
HONOURABLE JUSTICE MR.SANDEEP N BHATT
DATE OF ORDER
22ND JUNE 2023
FACTS OF THE CASE
- The application is filed under Section 482 of Cr.P.C praying to quash the FIR registered under the Section 498A, 323 and 114 of IPC and Section 4 of the Dowry Prohibition Act.
- The complain registered states that the son of the applicants married to the respondent no.2 on 28.2.2000. After some time, the applicants started demanding dowry and harassing the respondent no.2.
- When the complainant (herein respondent no.2) started opposing the illicit relation of her husband who one lady, the things got worse and the husband started beating her.
- The respondent no.2 thereafter lodged the FIR against her husband and in-laws.
- The applicants are seeking an order from the court to quash the FIR.
CONTENTIONS OF THE APPLICANT
- The learned counsel of the applicant has submitted that there is no serious allegations in the FIR which connects the present applicant with the offence.
- It is contended that the present applicant has been wrongfully dragged in litigation by making general allegations.
- The present applicant was 80yr old lady when the application was filed. It is submitted that even from the chargesheet, no material is found which connects present applicant in the commission of alleged offence.
- The counsel prayed to allow the application and quash the impugned FIR against the present applicant.
ARGUMENTS BY THE RESPONDENT
- The learned counsel appearing on behalf of the respondent no.2 has strongly opposed the prayers of the applicant.
- It was brought in the attention of the court by the counsel that the applicant has already moved the application against the complaint in the year 2004 which was dismissed by this court.
- It was submitted before the court that serious offences were made out against present applicant under Section 465,460, 471 and 114 of IPC before the CID Crime Ahmedabad.
- It was contended that the present applicant has direct involvement in the commission of offences.
OBSERVATIONS OF THE COURT
- The honorable court has allowed the application and all the proceedings arising out of the FIR against the present applicant is quashed and set aside.
- Court held that the main allegations which are made under Section 498A, 323 and 114 of IPC read with Section 4 of Dowry Prohibition Act are prima facie not made against the present applicant.
- Court held that general allegation are made against the present application and she is wrongly dragged in the FIR as she happens to be the mother-in-law of the complainant.
- Court held that considering the age factor of the present application and general allegations leveled against her in the FIR, continuing proceedings against her would be clear abuse of law.
- The court referred to the judgement of Bhajanlal & ors where the apex court has laid down guidelines for the courts for exercising powers under section 482 of Cr.P.C.
