IMPORTANT POINT
The central legal point established in the judgment is the Court's power to quash criminal proceedings under Section 482 of the Code, and the need to prevent the abuse of process of Court and to secure the ends of justice.

ORDER :

1. The applicants – original accused have preferred this application under Section 482 of the Cr.P.C, whereby, they are seeking quashment of the Criminal Case No. 3048 of 2022, arises out of impugned FIR No.I-11821003220015 of 2022, registered with Mahila Police Station, Dahod, under Sections 498A, 323, 504, read with Section 114 of Indian Penal Code read with Section 4 of the Dowry Prohibition Act.

2. This Court has heard learned counsel Mr. Darshan Varandani, Mr. Manan Paneri and Mr. Bhargav Pandya, learned Additional Public Prosecutor for the respondent State.

3. Brief facts giving rise to file present application are that, the second respondent Lavina Savlani lodged an FIR against husband and his relatives in relation to the offence of cruelty and demand of dowry. The marriage with Sunny Savlani was solemnized on 13.08.2018. She went to her matrimonial home at Jodhpur, Rajasthan. The husband and wife blessed with two kids aged about 2 ½ years and 8 years respectively. The applicants are parents of the husband, and brother in law and sister-in-law, who are permanent resident of Jodhpur. The route cause for the matrimonial dispute, as disclosed in the FIR is the demand of dowry, as the in-laws were not happy with the dowry given at the time of marriage. The second cause for dispute was birth of female child, as there was insistence and expectation for male child and on this issue, she was harassed mentally and physically and the third issue raised in the FIR is with regard to demand of Rs.10 lakhs to purchase the house. In these background facts, in the month February, 2022, she was driven out from the matrimonial home and since then, she is living along with her two kids at her matrimonial home.

4. The applicants, who are in-laws of the second respondent, have preferred this quashing petition, inter-alia stating that the allegations are vague and casual, which do not attract the ingredients of the offence alleged and therefore, prima-facie, no case is made out.

5. Mr. Varandani, learned counsel appearing for the applicants has submitted that, the FIR is absolutely false and frivolous and on reading of it, the offence of cruelty and demand of dowry are clearly not made out. He would further urge that, there is no specific date and time being disclosed and no any specific role being assigned to each accused to establish how she was subject to cruelty by the accused applicant. Unless and until, it has not been disclosed then, the ingredients of the offence, alleged are not attracted. Thus, it is his submission that, with a view to harass the in-laws and to resolve the dispute at their terms, the proceedings being initiated with ulterior motive and same is nothing but a misuse of process of law and court.

6. Mr. Manan Paneri, learned counsel opposing the application, has submitted that, pursuant to the FIR, the police has collected the material evidence against the applicants for commission of the alleged offence and therefore, once the chargesheet is filed, the disputed question of facts, as raised herein, cannot be examined at this stage and thus, there is specific allegation that cash amount for purchase of property was being demanded by the applicants and in that view of the matter, where the prima-facie offence is made out against the applicants, power should not be exercised.

7. The scope and power of the High Court to quash the first information report is well settled. The power under Section 482 of the Code has to be exercised sparingly and cautiously to prevent the abuse of process of Court and to secure the ends of justice. The High Court should refrain from giving a prima- facie decision, unless there are compelling circumstances to do so. Taking the allegations, as they are, without adding or subtracting anything, if no offence is made out, only then, the High Court would be justified in quashing the proceedings in the exercise of its power under Section 482 of the Cr.P.C.

8. The Apex Court in case of State of Harya