GUJRAT: In the matter of PAAVANBHAI JAGDISHBHAI PANCHAL v/s STATE OF GUJARAT, the Gujrat High Court quashed an FIR against the Husband’s family members charged with an offense of Dowry Harassment. While rejecting an FIR against relatives of the husband the Court observed that no specific incident was mentioned in the entire FIR and the allegation against him was purely “general in nature”.
The bench headed by Justice Nirzar Desai observe that –
”Considering the fact that the applicant happens to be the distant relative of the husband of the complainant, it seems that the impugned order is nothing but an attempt to falsely implicate the applicant as accused just with a view to harass the applicant. The allegation against the applicant is pure of general in nature and considering the fact that the applicant stays at a different place, the registration of impugned FIR against the applicant is nothing but an abuse of process of law,”
An FIR complaint was filed against the relatives under Sections 498A (Cruelty in the matrimonial home), 323 (voluntarily causing hurt), 504 (Intentional insult with intent to provoke breach of peace), and 506(2) (criminal intimidation to cause death or grievous hurt) of IPC and Section 4 of Dowry Prohibition Act.
The complainant has also mentioned that she got married by ‘cheating’ and that she had not brought anything which would suit the reputation of the family of the husband in society. The Complainant insisted that because of the pendency of the instant application, the IO was not filing a chargesheet against the Husband against whom there was material.
However, the Court observed that in the entire FIR, there was only one sentence against the Applicant for taunting her and thus prosecution had failed to supply any material against him.
The Bench concluded that such allegations in the impugned FIR amount to ‘abuse of process of law’ and consequently, the same was set aside qua the Applicant.