IMPORTANT POINT
Matrimonial cruelty – Court must guard against false implication of in-laws.

JUDGMENT (ORAL)

The present application is filed under Section 482 of the Code of Criminal Procedure, 1973 (‘Code’ for short) with the following prayers:—

“8(A) Your Lordships may be pleased to quash and set aside First Information Report registered as CR No.I-11203040200056 of 2020 with Mahila Police Station, Junagadh Police Station, District – Junagadh, under section 498A, 323, 504, 506(2), 406, 420, 114 of Indian Penal Code along with all the prior and subsequent proceedings thereto;

(AA) pending admission and final disposal of this application, the pleased to quash and set aside charge-sheet no.02-2021 filed in CR. No.I-11203040200056 of 2020 with Mahila Police Station, Junagadh Police Station, District–Junagadh.

(B) Pending, hearing and final disposal of this petition, Your Lordship may be pleased to stay the further investigation of FIR registered as CR.No.I-11203040200056 of 2020 with Mahila Poice Station, Junagadh Police Station, District – Junagadh, under section 498A, 323, 504, 506(2), 406, 420, 114 of Indian Penal Code along with all the prior and subsequent proceedings thereto;

(BB) Pending an admission and final disposal of this application be pleased to stay for the proceedings of criminal case no.257 of 2021 pending before Hon’ble additional judicial magistrate, Junagadh pursuant to charge-sheet no.02-2021 filed in CR.No.I-11203040200056 of 2020 with Mahila Police Station, Junagadh Police Station, District – Junagadh.

(C) Your Lordships may be pleased to grant any such and further orders as may be deemed just and proper.”

2. The facts of the case of the present applicants are as under:—

2.1 The applicants state that FIR being C.R.No.I-11203040200056 of 2020 came to be registered with Mahila Police Station, Junagadh on 19.10.2020 by the complainant for the offences punishable under Sections 498A, 323, 504, 506(2), 406, 420 and 114 of Indian Penal Code inter alia stating that that she had married with the applicant No.1 as per Hindu rituals on 28.1.2019 at Junagadh and has no children out of the wedlock. That, after marriage, the complainant started residing with the applicants at Ahmedabad in a joint family and after some time, the applicants, out of doubts and suspicions on the complainant, used to taunt the complainant on trivial issues and household works. That, the complainant studied B.H.M.S. and though the applicants agreed to continue her studies and do job also, they never gave her time to study and used to mentally torture her and demand dowry. That, somehow, the complainant obtained job and the applicants used take away her salary and beat her. That the complainant was subjected to torture and had driven her out of the house and after some time, they brought her back. That, because of the said torture, the complainant gave an application to the Mahila Police Station, Junagadh against the applicants, however, settlement was arrived at in that complaint and assurance was given by the applicants that there will be no harassment to the complainant. A complaint was also given to the Mahila Mandal, wherein also the settlement was arrived at and the complainant had agreed to go back to the applicants.

That, around ten months ago, the applicants nos.1 to 3 quarreled with the complainant, and dropped her at her parental house and told her father that they want to go to foreign country and they don’t want to keep the complainant and they want divorce from the complainant and when the father of the complainant tried to explain to the petitioner, petitioner started quarreling and speaking abusive language. The complainant gave legal notice dated 10.9.2020 through advocate, which was not replied by the applicants, the complainant demanded her salary amount and also Stridhan of the complainant, which was refused by the complainant. Thus, the impugned complaint is filed.

3. Heard learned advocate Mr.Dhruvik Patel for the applicants and learned APP Mr.Ronak Raval for the respondent no.1. Though served, none