A significant ruling by the Gujarat High Court in the case involving the Rathod Sisters-in-law against the State of Gujarat. The Court carefully considered the allegations of harassment and cruelty, highlighting the lack of specific details and indicating possible ulterior motives. The judgment emphasizes the importance of preventing abuse of court processes and advancing justice in matrimonial cases. Read on to delve into the intricate details of this crucial legal battle.
Facts
- Three married sisters-in-law have approached the Court with an application to quash criminal proceedings against them.
- They allege that the proceedings are maliciously instituted with an ulterior motive and lack merit.
- The sisters-in-law claim that the allegations of harassment made against them are general and do not reflect any criminal offense.
- They seek for the criminal proceedings to be quashed based on these grounds.
Arguments
- The original accused have filed a quashing application regarding FIR C.R.No.11203030210469 of 2021.
- The marriage of Sangita Rathod with Jitendra Rathod took place in 2009.
- The husband is in the Army and has a transferable job.
- The respondent’s counsel argues that there are specific instances of harassment mentioned in the FIR against the accused.
- The counsel for the accused points out the delay in lodging the FIR, which came after 12 years of marriage.
- The accused’s counsel argues that the allegations are general and the accused sisters-in-law have been falsely implicated.
- The contentions regarding malafide intention and lack of offense in the allegations are raised to support the quashing of the proceedings.
- The second respondent lodged an FIR alleging cruelty and harassment by her husband and his relatives during her marriage life from 03.05.2009 to 21.02.2021.
- The present applicants, who are married sisters-in-law, lived in their respective matrimonial homes, having been married before the second respondent.
- The second respondent was harassed by her mother-in-law over household work issues and was demanded to bring gold ornaments from her parental home.
- The applicants are accused of aiding and abetting in the cruelty committed by their family members.
- One of the sisters-in-law, Rekhaben, is accused of causing physical harm and abuse during a dispute at the matrimonial home.
- The husband is alleged to have an illegal relationship with another woman, leading to a dispute with his wife, and eventually beating and driving her out of the matrimonial home on 21.02.2021.
Analysis
- Courts must be careful and conscious in dealing with complaints, considering pragmatic realities in matrimonial cases.
- Inherent powers under Section 482 of the Cr.P.C. are for advancement of justice.
- Abuse of court processes with oblique motives must be thwarted by the court.
- In this case, marriage of Geetaben was solemnized before the marriage of the second respondent.
- Allegations of physical harassment against Geetaben appear to be false as specifics are lacking.
- General allegations of instigating cruelty against Geetaben’s sisters-in-law seem vague.
- FIR filed after 12 years due to matrimonial disputes and allegations of extramarital affairs against Geetaben’s husband.
- Allegations against the husband may not constitute an offense, thereby not inculpating Geetaben’s sisters-in-law.
- No grounds sufficient to quash proceedings based on current information provided.
- Present case covered by the categories (i), (iii) and (vii) as per State of Haryana Vs. Bhajanlal case
- Inherent powers can be exercised to prevent abuse of process of law and court
- Court cannot permit prosecution to continue if falling under enumerated categories
- Applicants charged with cruelty and demand of dowry
- Recent observation in Kahkashan Kshusar Vs. State of Bihar that implicating husband and all immediate relations in cruelty and dowry cases is not uncommon
Decision
- Application allowed
- Direct Service permitted
- FIR being C.R.No.11203030210469 of 2021 registered with Kesod Police Station, Junagadh is quashed
- Consequential proceedings thereof qua the applicants are quashed
- Observations made are tentative
- Trial Court should not be influenced by the observations in the case of the husband
Case Title: REKHABEN W/O HITENDRABHAI VANVI Vs. STATE OF GUJARAT
Case Number: R/SCR.A/1279/2022
