Gulf based NRI’s wife returns 2 India files 498A 506 cocktail Guj HC quashes case against ALL inlaws

A gulf Based NRI’s wife who goes abroad immediately after marriage & stays with him for three and half years at Saudi Arabia, returns to India and promptly files 498a on husband and four in laws !! Guj HC appreciates the facts, understand that she hardly stayed with in laws and has only vague allegations, quashes the case against ALL In-laws.

* Marriage on 24th May 2011 at Rajkot.
* Soon after marriage wife & husband left for Saudi Arabia & stayed at Saudi Arabia for almost three & a half years.
* On 4th October 2014, they came back to India. On December 2014, wife left matrimonial home & returned 2 parental home. On 3rd July 2015, she lodged FIR.
* In this quash, applicant #1 is father-in-law, application #2 mother-in- law, applicant #3 married sister-in-law & applicant #4 husband of sister-in-law !!
* She has hardly stayed for two months with the applicants, that too, only the applicant nos.1 and 2 after her return from Saudi Arabia.
* There is hardly any case of cruelty within the meaning of Section 498A IPC. Other allegations are quite vague and general.

So…..
* FIR bearing No.I-CR No.38 of 2015 lodged with the Mahila Police Station, Ahmedabad, is hereby ordered to be quashed

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
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CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION

(FOR QUASHING & SET ASIDE FIR/ORDER) NO. 13276 of 2015

**********************************************************
KAMLESHBHAI SHANTILAL VAKHARIYA & 3….Applicant(s)
Versus
STATE OF GUJARAT & 1….Respondent(s)
**********************************************************
Appearance:
MR. JAY M THAKKAR, ADVOCATE for the Applicant(s) No. 1 – 4
MR AR KADRI, ADVOCATE for MR PRATIK Y JASANI, ADVOCATE for the Respondent(s) No. 2
MR JK SHAH, APP for the Respondent(s) No. 1
**********************************************************

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 24/11/2015

ORAL ORDER

RULE returnable forthwith. Mr.Shah, the learned APP waives service of notice of rule for and on behalf of the respondent no.1. Mr.Kadri, the learned advocate waives service of notice of rule for and on behalf of the respondent no.2.

By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants seek to invoke the inherent powers of this Court, praying for quashing of the FIR bearing I-CR No.38 of 2015 lodged with the Mahila Police Station, Ahmedabad, for the offence punishable under Sections 498A, 323, 504, 506(2) read with Section 114 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

It appears from the materials on record that the applicant no.1 is the father-in-law, the application no.2 is the mother-in- law, the applicant no.3 is the married sister-in-law and the applicant no.4 is the husband of the sister-in-law. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

The marriage of the first informant was solemnized with the original accused no.1 on 24th May 2011 at Rajkot. It appears that soon after the marriage, the first informant along with her husband left for Saudi Arabia. The first informant stayed at Saudi Arabia for a period of almost three and a half years. On 4th October 2014, they came back to India. In December 2014, she left her matrimonial home and returned to her parental home. On 3rd July 2015, she lodged the FIR.

In view of the above dates, it is very difficult for me to accept the submissions canvassed on behalf of the first informant that there was harassment at the end of the applicants. She has hardly stayed for two months with the applicants, that too, only the applicant nos.1 and 2 after her return from Saudi Arabia. She may be having some differences with the husband, but the husband is not before me. There is hardly any case of cruelty within the meaning of Section 498A of the Indian Penal Code. The other allegations are quite vague and general.

In view of the above, this application is allowed. The First Information Report bearing No.I-CR No.38 of 2015 lodged with the Mahila Police Station, Ahmedabad, is hereby ordered to be quashed so far as the applicants herein are concerned. The case shall proceed further in accordance with law so far as the husband is concerned. Rule made absolute. Direct service is permitted.

(J.B.PARDIWALA, J.)

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