Hon JUSTICE J.B.PARDIWALA quashes #fake498a against NRI husband. Guj HC #498aQuash

In this case, wife files #498a case on her #NRI_Husband. Three incidents are alleged, one of which is on on Feb 2014 while the husband has left India on 04th june 2013 !! He seems to have taken employment and is living in Bahrain (Middle East). The Mother in law is projected as a cruel woman but the allegations against her are vague in nature.

The Hon Judge orders as follows “….I have no hesitation worth the name in quashing the proceedings of the Criminal Case referred to above so far as the mother-in-law is concerned. As such, there are no allegations which constitute cruelty within the meaning of Section 498A of the Indian Penal Code. Whatever allegations have been levelled are quite vague and general. So far as the husband is concerned, I take notice of the fact that from June 2013 he is in Bahrain. It seems that he has taken up employment in Bahrain. As usual, it appears that the first informant could not adjust herself at her matrimonial home on account of the disputes which could be termed as mundane matters. In the result, this application is allowed. The FIR being CR-II No.44 of 2014 registered with the Jalalpore Police Station, District Navsari, as well as the proceedings of the Criminal Case No.3757 of 2014 pending in the Court of the learned JMFC, Navsari, are hereby quashed. …”

==========================================================

R/CR.MA/12027/2015 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 12027 of 2015

===============

PARESHBHAI PRAVINBHAI PATEL & 1….Applicant(s)

Versus

STATE OF GUJARAT & 1….Respondent(s)

================

Appearance:
MR ZUBIN F BHARDA, ADVOCATE for the Applicant(s) No. 1 – 2
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
MS NISHA THAKORE, APP for the Respondent(s) No. 1

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 02/02/2017

ORAL ORDER

The respondent no.2 although served with the notice issued by this Court, yet has chosen not to remain present either in person or through an advocate and oppose this application.

By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants – original accused nos.1 and 2 seek to invoke the inherent powers of this Court praying for quashing of the FIR being CR-II No.44 of 2014 registered with the Jalalpore Police Station, District Navsari, for the offence punishable under Sections 498A, 323, 504 read with Section 114 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

The applicants before me are none other than the husband and the mother-in-law of the respondent no.2 – first informant.

It appears from the materials on record that the respondent no.2 got married to the applicant no.1 on 10th December 2012. It is alleged in the FIR that the husband is addicted to liquor. The husband used to pick up quarrel on petty issues and harass the first informant.

In the FIR, there is a reference of three specific incidents. Let me start with the incident of 15th February 2013. It is alleged that on that day, the applicant no.1 came home heavily drunk and started beating the first informant. According to the first informant, she left the matrimonial home. While at her parental home, she realized that she had conceived. On 28th September 2013, the first informant gave birth to a baby girl at the Civil Hospital, Navsari. It is alleged that no one from the family of the husband came to inquire about the health of the first informant or to have a look at the new born baby. The third incident is dated 26th February 2014. It is alleged that on that particular day, the applicant no.1 called up the first informant on her mobile and told her that if she would get Rs.1 lac from her parents he would come on the next day and take her back to the matrimonial home. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; https://twitter.com/ATMwithDick

As usual, the mother-in-law has also been projected as a very cruel woman.

Mr.Bharda, the learned counsel appearing for the applicant, submitted that even if the entire case of the first informant is accepted or believed to be true, none of the ingredients to constitute an offence of cruelty within the meaning of Section 498A of the Indian Penal Code are spelt out. He submitted that the FIR is false for the simple reason that on 26th February 2014, the applicant no.1 was not in India and was in Bahrain (Middle East). The learned counsel pointed out that the applicant no.1 left India on 4th June 2013. This itself goes to show that the FIR was concocted by levelling false allegations. He submitted that there is no case worth the name so far as the mother-in-law is concerned.

On the other hand, this application has been vehemently opposed by Ms.Thakore, the learned APP appearing for the State. The learned APP would submit that the plain reading of the FIR prima facie discloses commission of a cognizable offence. The learned APP would submit that the police should be permitted to complete the investigation so far as the applicant no.1 is concerned. She pointed out that charge-sheet has been filed so far as the mother-in-law is concerned, and in the said charge-sheet, the applicant no.1 has been shown as an absconder. She prays that this application be rejected. Having heard the learned counsel appearing for the parties and having considered the materials on record, the only question that falls for my consideration is, whether the FIR so far as the applicant no.1 is concerned, should be quashed and the proceedings of the Criminal Case No.3757 of 2014 pending in the Court of the learned JMFC, Navsari, so far as the applicant no.2 is concerned, should be quashed. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; https://twitter.com/ATMwithDick

I have no hesitation worth the name in quashing the proceedings of the Criminal Case referred to above so far as the mother-in-law is concerned. As such, there are no allegations which constitute cruelty within the meaning of Section 498A of the Indian Penal Code. Whatever allegations have been levelled are quite vague and general. So far as the husband is concerned, I take notice of the fact that from June 2013 he is in Bahrain. It seems that he has taken up employment in Bahrain. As usual, it appears that the first informant could not adjust herself at her matrimonial home on account of the disputes which could be termed as mundane matters.

In the result, this application is allowed. The FIR being CR-II No.44 of 2014 registered with the Jalalpore Police Station, District Navsari, as well as the proceedings of the Criminal Case No.3757 of 2014 pending in the Court of the learned JMFC, Navsari, are hereby quashed. Rule made absolute to the aforesaid extent. Direct service is permitted.

(J.B.PARDIWALA, J.)

MOIN


*****************************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.


CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting
*******************************************************************************

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s