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2017 DIGILAW 1802 (GUJ)

Swetalbhai Muljibhai Rathod v. State of Gujarat

2017-11-22

J.B.PARDIWALA

body2017
ORDER : J.B. PARDIWALA, J. By this application under section 482 of the Cr.P.C, 1973, the applicants seek to invoke the inherent powers of this Court praying for quashing of the first information report being C.R No. I-254 of 2014 registered with the Sola Police Station, Ahmedabad, and later, transferred to the Ramol Police Station, Ahmedabad for the offence punishable under sections 498-A, 323, 294(B), 506(2) read with section 114 of the Indian Penal Code and sections 3 and7 of the Dowry Prohibition Act. 2. This matter has been notified for final hearing by now for 34 times. Since a long period of time, there is a sick note of Mr. Parghi. Today also, Mr. Parghi has filed a sick note. 3. Having regard to the fact that the petition is of the year 2015 and has been adjourned for almost 34 times, I did not deem fit to adjourn the matter on the ground of sick note filed by the learned counsel appearing for the applicants. With the assistance of the learned APP appearing for the State, I have tried to understand the nature of the allegations levelled in the first information report. Unfortunately, none is present on behalf of the respondent No. 2 also. 4. It appears from the materials on record that the respondent No. 2 got married to the applicant No. 1 on 6th June, 2013. Soon after the marriage, matrimonial problems cropped up. The allegations levelled in the first information report, prima facie, do disclose commission of a cognizable offence. I take notice of one affidavit-in-reply filed by the respondent No. 2, wherein it has been stated as under; “1. I, Joyce Swetalbhai Rathod and daughter of Chandravadn Bhanat, presently residing at B-7, Vahanvati Apartment Bhavika Nagar, Thaltej, Ahmedabad with my father do hereby solemnly affirm that: (A) Above numbered Misc. Application filed by my husband and in laws before your Hon'ble Court is false and I deny the averments made by the applicants. 2. I submit and state that I filed FIR being C.R No. I-254/2014 registered at Ramol Police Station on 2.11.2014 for offence under sections 498(A), 323, 294(b), 506(2) and 114 of the IPC and Sections 3 and 7 of the Prevention of Dowry Act is on genuine grievances. 3. 2. I submit and state that I filed FIR being C.R No. I-254/2014 registered at Ramol Police Station on 2.11.2014 for offence under sections 498(A), 323, 294(b), 506(2) and 114 of the IPC and Sections 3 and 7 of the Prevention of Dowry Act is on genuine grievances. 3. I submit and state that alleged compromise affidavit dated 4.3.2015 submitted before the police Inspector, Ramol Police Station, Ahmedabad is under duress and forcibly taken signature by the applicants. 4. I submit and state that in the month of December, 2016 the applicants again assaulted and harassed me and thrown out of in laws house. I therefore was forced to stay with my father at his home with my two years daughter. 5. I submit and state that even the applicants have recently filed complaint against me as reported by my father. 6. I submit and stated that my life is in danger and the applicants are even today also threatening the respondent with dire consequences. In this connection I submitted another complaint before Ramol Police Station on 19.06.2017 (Annx. R/1). It is therefore submitted before this Honourable Court that the prosecution should continue on the basis of FIR being No. C.R No. I-254 of 2014 and interim relief given by this Hon'ble Court be withdrawn in the interest of justice. Solemnly affirmed at Ahmedabad on 19th day of June, 2017.” 5. I am of the view that the police should be permitted to complete the investigation in accordance with law. 6. In the result, this application fails and is hereby rejected. Rule is discharged. The ad-interim order, earlier granted, stands vacated.