IMPORTANT POINT
The fatal impact of unexplained delays in lodging FIRs and the potential misuse of criminal proceedings in matrimonial disputes.

ORDER :

1. This quashing petition under Section 482 of the Cr.P.C., filed by the original accused, who are facing the charges under Sections 498A, 323, 523, 506(2) and 114 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, whereby, they are seeking quashment of the FIR being CR No. 1121600222031 of 2022 registered with Mahila Police Station, Gandhinagar.

2. This Court has heard learned counsel Mr. P.J. Kanabar, Mr. Rahil Jain and Ms. C.M. Shah, learned Additional Public Prosecutor for the respective parties.

3. Mr. Kanabar, learned counsel, upon instructions, does not press this petition qua husband – applicant no. 1 Ashish Jani. This petition qua husband Ashish Jani stands dismissed as not pressed.

4. Brief facts giving rise to file present application are that, the marriage of the second respondent Ms. Ruchi Ashish Jani was solemnized with Mr. Ashish Jani on 08.12.2008. Admittedly, at relevant time, the wife second respondent was serving with Government Undertaking – GSECL, previously known as Gujarat Electricity Board and her posting at the time of marriage was at Vanakbori. The husband being Civil Engineer, was serving with private firm at Jamnagar. Since 2008 to 2015, the wife had served with the Government Undertaking at Vanakbori. The in-laws i.e. mother-in-law and father-in-law, belong to city Junagadh and since long they are residing there and both were doing job, whereas, the brother in law, Vishal Jani joined his service with Ultra Tech Cement, Mahuva, Amreli and thereafter, due to transfer at Rajasthan, he is serving there.

In the aforesaid background facts, the second respondent wife lodged an FIR against the husband and his relatives, inter-alia, alleging that, she was subjected to mental and physical harassment, on the issue of household works and dowry. It is alleged in the FIR that from the day one of the marriage, she was abused and tortured with respect to insufficient dowry given at the time of marriage and there was mis-management in the marriage function, took place at Ahmedabad. It is alleged against the husband that, he do not like the work which she did to maintain the home and asked her to leave the house and also alleged that, at the time of marriage, the father has not given sufficient dowry. It is further alleged that, the debit card attached with the salary account was taken and retained by the husband and without her knowledge her salary and other savings had been withdrawn for daily expenses. It is further alleged that when she raised the opposition about the withdrawal of the amount, she had been beaten by the husband. The second allegation alleged to the effect that, she was verbally harassed for not having a male child, as after the delivery of first child, who is daughter, the expectation of the in-laws was of the male child.

The second phase of the dispute arose at Vanakbori, when the husband joined a private company at Vadodara. The husband was doing up and down from Vanakbori to Vadodara and despite of sufficient care taken by the wife, for food etc., she was harassed and neglected by the husband and he was depended on her income and asked her to bring a cash amount for doing a construction business.

In the year 2013, she got pregnant and at relevant time, the mother in law asked her to undergo sex determination test, as they do not want a female child and specifically, instructed her that, if child is female, then, abort it prematurely and on refusing to undergo the test, she was mentally and physically harassed by the family members and on that count, dispute arose and she was compelled to leave the home and since 26.02.2013, she had left the home and initially lived with parents at Ahmedabad and after the second delivery of the daughter, the husband and in-laws did not come to see the face of the daughter and since her birth, they have been neglected and failed to maintain properly. Despite of so many attempts to reconcile the marriage, the husband was adamant a