Gujarat High Court
Gulam Karimbhai Vohra & vs State Of Gujarat & on 16 April, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/16631/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 16631 of 2014
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GULAM KARIMBHAI VOHRA & 1....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR PARTHIV B SHAH, ADVOCATE for the Applicant(s) No. 1-2
PUBLIC PROSECUTOR for the RESPONDENT(s) No. 1
MR P P MAJMUDAR, ADVOCATE for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 16/04/2015
ORAL ORDER
1. Rule returnable forthwith. Mr. N.J. Shah, the learned APP, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat and Mr. P.P. Majmudar, the learned advocate, waives service of notice of rule for and on behalf of the respondent No.2-original first informant.
2. By this application under section 482 of the Code, the applicants, the brother-in-law and sister-in-law of the respondent No.2 seek to invoke the inherent powers of this court praying for quashing of the first information report being C.R. No.I-1 of 2013 lodged with the J.P. Road Police Station Vadodara for the offence punishable under sections 498A, 323, 504, 506(2), 406 and 114 of the Indian Penal Code and also under sections 3 and 7 of the Dowry Prohibition Act and also the consequential charge-sheet filed by the investigating officer which culminated in Criminal Case No.3205 of 2013 Page 1 of 3 R/CR.MA/16631/2014 ORDER pending in the court of the learned Chief Judicial Magistrate, Vadodara.
3. It appears to be a case of a matrimonial dispute. Charge- sheet has been filed against four persons which includes the husband, father-in-law, mother-in-law and sister-in-law, i.e., the applicant No.2 herein. The applicant No.1 is a resident of U.K. and it appears that he has been shown in column No.2 of the charge-sheet. It is the case of the respondent No.2 that after getting married, she was harassed by the in-laws.
4. Having heard the learned counsel for the parties and having gone through the materials on record, the only material I find against the present two applicants is that they used to instigate the other co-accused on telephone. This one of those cases wherein in a matrimonial dispute, all members of the family are roped in. In my view, even if the entire case of the respondent No.2 is accepted with the other materials on record, no case is made out against the present two applicant so far as the offence alleged is concerned.
5. In the result, this application is allowed. The further proceedings of the Criminal Case No.3205 of 2013 pending in the court of the learned Chief Judicial Magistrate, Vadodara are hereby ordered to be quashed qua the applicants herein. The trial shall now proceed further expeditiously against the other co-accused without being influenced by any of the observations made by this court in this order. Rule is made absolute.
Direct service is permitted.
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(J.B.PARDIWALA, J.)
Vahid
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