This application under Section 482 of the Code of Criminal Procedure, 1973 is filed by the applicants, who are elder brother-in-law and sister-in-law, with a prayer to quash first information report, C.R. No.I-08 of 2012 registered with Mahila Police Station, Rajkot, for the offences punishable under Sections 406 and 114 of the Indian Penal Code, by the complainant, aged about 26 years, who was subjected to physical and mental cruelty. In the complaint impugned in this application for the offences punishable under Sections 406 and 114 of the Indian Penal Code, not only specific allegations are levelled against the applicants, who earlier used to stay in a joint family with the husband of the complainant at Rajkot, but the details of various items of gold and silver ornaments handed over to the husband and elder brother-in-law of the complainant are clearly mentioned along with the complaint and, if list of gold and silver ornaments and other items including the fixed deposits are seen, it would clearly reveal the manner and method in which such items were demanded towards dowry. If annexure "B" is seen, it would also reveal that it is not simply a list of items ordinarily given at the time of marriage ceremony, but a huge dowry is taken by the applicants and other relatives. In the above circumstances, I am not inclined to interfere with in exercise of inherent power of this Court under Section 482 of the Code, in as much as, prima-facie, it is not a case of only not returning the gold and silver ornaments, but a clear case is made out of demanding a huge dowry, for which it will be open to the complainant to file separate proceedings.
With the aforesaid observations, this application is rejected summarily.
(ANANT S. DAVE, J.) (swamy) Top