1. Present petition, under section 482 of the Code of Criminal Procedure, has been preferred by the petitioners - original accused to quash and set aside the impugned First Information Report being CR No.I-424 of 2010 registered with Fatehganj Police Station, Vadodara, filed by the respondent No.2 – original complainant, for the offences punishable under sections 498-A, 323, 504, 114 of Indian Penal Code and under section 3 and 7 of the Dowry Prohibition Act.
2. Mr.Kharadi, learned advocate appearing on behalf of the petitioners has vehemently submitted that as such the impugned First Information Report filed by the respondent No.2 – original complainant is nothing but abuse of process of law and court and absolutely baseless and vexatious allegations are made in the First Information Report so as to harass the petitioners. It is further submitted that the salary of the petitioner No.1 – husband was more than 70,000/- and therefore, there is no question of demanding any dowry and/or amount of Rs.5 Lacs for going to Canada, by the petitioner No.1 - husband. It is further submitted that even the petitioner No.1 husband has also invested some amount in Fixed Deposit in the name of the complainant herein and therefore, the allegations with respect to dowry are absolutely baseless. In support of his above submission he has relied upon some documents which are produced on record. Therefore, it is requested to quash and set aside the impugned First Information Report.
3. Present petition is opposed by Mr.Dabhi, learned Additional Public Prosecutor appearing on behalf of the State and Ms.Tejal V. Shah, learned advocate appearing on behalf of the respondent No.2 – original complainant. It is submitted that the averments and allegations in the impugned First Information Report prima facie discloses commission of cognizable offences which are further required to be investigated by the investigating officer. It is submitted that whatever is submitted by the petitioners and/or whatever the documents are produced by the petitioners are all defences which are required to be considered by the investigating officer. It is submitted that as such when prima facie case is made out for cognizable offences, the allegations made in the impugned First Information Report are further required to be investigated by the investigating officer. Therefore, it is requested not to quash and set aside the impugned First Information Report at this stage at the threshhold and without further investigation.
4. Heard the learned advocates appearing on behalf of the respective parties and considered the averments and allegations in the impugned First Information Report. On bear reading of the impugned First Information Report it appears that there are specific averments and allegations in the First Information Report with respect to ill-treatment, harassment and dowry, making out a prima facie cognizable offences, which are further required to be investigated by the investigating officer. Whatever is submitted by the petitioners at the most can be considered as the defence of the petitioners, which are required to be considered by the investigating officer while conducting the investigation. Even the contention on behalf of the petitioners that as the salary of the petitioner husband was more than 70,000/- the allegations of dowry of Rs.5 Lacs is baseless, cannot be accepted at this stage without any further investigation. In any case whatever is submitted and whatever the documents are submitted are the defences of the petitioners which are required to be considered by the investigating officer while conducting the investigation. Under the circumstances, when there are specific averments and allegations in the First Information Report, which are further required to be considered by the investigating officer, this is not a fit case to quash and set aside the impugned First Information Report at this stage at the threshhold and without any further investigation.
5. In view of the above and for the reasons stated above, present petition fails and the same deserves to be dismissed and is accordingly dismissed. Rule is discharged. Ad- interim relief granted earlier stands vacated forthwith.
[M.R. SHAH, J.] rafik