AI Structured Summary
Not yet generated for this judgment
Judgment
Ilesh J. Vora, J
Heard learned advocate for the applicants.
The applicants, who are in-laws and relatives of respondent no.2 of respondent no.2, have preferred this application for quashing of the complaint being Criminal Misc. Application No.42 of 2021 filed under the provisions of the Domestic Violence Act.
Prior to present questioned application, respondent-wife has lodged an FIR under Section 498(A) of the IPC. The applicants have challenged the criminal proceedings by way of Criminal Misc. Application No.22880 of 2022, wherein vide order dated 15.12.2022, this Court has passed the following order:
“3. The applicants being in-laws of the respondent no.2 have preferred the present application for quashing of FIR registered with Vadnagar Police Station, Dist: Mahesana for the offences as mentioned in the FIR.
Learned advocate for the applicants would submits that the marriage was solemnized in the year 2008. The husband is residing at Dubai. He would further submits that mother-in-law aged about 64 years and sister-in-law have been falsely implicated in the alleged FIR without there being any specific instances of harassment. He also submits that, the allegations of demand of dowry at the belated stage cannot be believed.
Considering the allegations levelled against the present applicants, this Court is of the view that the matter deserves consideration.”
Having considered the contentions raised by learned advocate for the applicants, this Court is of the opinion that due to marital discord with the husband, present questioned application is filed without their being any specific instances of domestic violence against the applicants. In such circumstances, matter deserves consideration. Let Rule be issued, returnable on 15.06.2023. Learned APP waives service of rule for the respondent – State. Meanwhile, interim relief in terms of Paragraph-22(c) is granted.