The court emphasized that general allegations in matrimonial disputes must be specific to warrant criminal proceedings, particularly in light of divorce decrees.

ORDER :

Rule returnable forthwith. Learned advocates appearing for the respective respondents waive service of rule for the respective respondents.

1. By invoking inherent powers of this Court, the applicants-original accused have preferred this quashing petition in relation to the FIR being C.R. No.11191030200071 of 2020, registered with Mahila Police Station (West), Ahmedabad City for the offence punishable under Sections 498A, 323, 294(b) and 114 of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

2. This Court has heard learned counsel Mr. Pratik Barot, Mr. Shubham Jhajharia and State counsel Ms. C.M. Shah.

3. Brief facts giving rise to file present application are that, marriage of second respondent namely Ranita Amit Patel with the accused-husband Amit Patel was solemnized on 24.12.2018. Admittedly, the husband and his parents are permanent residents of U.S.A. After marriage, the husband left India on 05.02.2019. The husband-wife stayed together for about two and half months. During the said period, the applicant nos.2 and 3 being parents were also lived with the husband wife at Ahmedabad. The matrimonial dispute arose when the husband after 15 days of marriage, arranged a social party. In the said party, he had consumed liquor for which the wife raised the objection. In the said party, the husband made a remark towards the wife-second respondent that he did not like Indian traditional attire, but, she should have wear the shorts etc. as per western culture. On that occasion, the wife called her brother for intervention. This is the root cause of the matrimonial dispute. Subsequently the husband left India on 05.02.2019. In these background facts, the second respondent lodged the aforesaid FIR, inter alia, alleging that, she had been subjected to cruelty by the husband and in-laws. It is alleged that, considering the earlier incident, the husband is not interested to live with her and asked her to give divorce. It is further alleged that, the parents of husband have demanded a dowry as they are not satisfied with the dowry given at the time of marriage. It is further alleged that, in September-2019, despite she having suffered a fracture over her left leg, she was forced to do a cleaning work of the temple and when she refused to do the cleaning work, the father-in-law abused her physically and thereafter, they left India and the third issue raised is that, without giving notice to her and behind her back, the husband obtained divorce from Texas Court. In these background facts, the FIR alleging the act of cruelty and demand of dowry being lodged against the husband and his parents. After registration of FIR, the second respondent has also filed an application under Section 12 of the D.V. Act, 2005 claiming various reliefs against the husband, his parents and married sister.

4. In the aforesaid background facts, by filing this quashing application, the applicants have stated that, this is a counter blast to the divorce order passed by the Texas Court and to built pressure on them, the FIR is being lodged without there being any specific instances of harassment and same is nothing but a sheer abuse of process of law and court.

5. Mr. Pratik Barot, learned counsel appearing for the applicants has submitted that, the allegations of consuming liquor would not fall under the definition of cruelty and therefore, by frivolous and false allegations, the questioned FIR is filed. He would further urge that, during the marriage span of two and half months, nothing being happened as projected by the second respondent- wife herein. After the FIR, she has also initiated proceedings under the provisions of Domestic Violence Act. The notice of divorce proceedings already been issued to her and intentionally, she did not remain present and therefore, the present proceedings is nothing but a counterblast to the order of divorce passed by the US Court and therefore, the criminal proceedings has been initiated with malafides and ulte