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CHEEKATI MANAVENDRANATH ROY
Payalben Hemantkumar Gajjar – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. This application under Section 482 of the Criminal Procedure Code is filed for quash of the FIR No.11191030200033 of 2020 registered for the offences punishable under Section 498-A, 406, 323, 294(b), 506 (2) and 114 of Indian Penal Code and under Section 4 of the Dowry Prohibition Act with Mahila Police Station, West, Ahmedabad, against the petitioners.
2. Heard learned counsel for the petitioners, Ms.Jyoti Bhatt, learned APP for the respondent-State and Mr.Hriday Buch, learned counsel for the second respondent-defacto complainant.
3. The facts of the prosecution case may briefly be stated as follows:-
3.1 The petitioners herein are sister-in-law and parents in-law of the defacto complainant respectively. They are accused nos.2 to 4 in the crime. Accused no.1 is the husband of the defacto complainant. Their marriage was solemnized in the year 2002. It is stated in the FIR lodged by the defacto complainant alleging that she brought 50 tolas of gold to the house of her parents in-law after the marriage and, thereafter, her husband and the parents in-law started harassing her demanding additional dowry of Rs.50 Lacs and used to abuse her and beat her. It is further stated th
The court emphasized the requirement of prima facie evidence to constitute an offence and cautioned against interference when the facts prima facie constitute an offence.
The pendency of a civil proceeding does not automatically end a criminal proceeding, and specific allegations of harassment and demand of dowry warrant further investigation.
Specific allegations are essential to establish a prima facie case under IPC Sections 406 and 498-A; general allegations are insufficient for prosecution.
The judgment emphasizes the independence of civil and criminal proceedings, the absence of limitation bar, and the continuous nature of cruelty in dowry harassment cases.
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