1. By this application filed under Section 482 of the Cr.P.C., the applicants who are in-laws of the private respondent, seek to invoke inherent powers of this Court, praying for quashment of the FIR being CR. I No. 11198036220030 of 2022 registered with Mahila Police Station, Bhavnagar for the offence under Sections 498A, 504, 323, 506(2) and 114 of the Indian Penal Code.

2. Facts and circumstances giving rise to file this quashing petition are that, the marriage of the parties i.e. Nirav Sanghvi and Ruchi Sanghvi took place in the year 2010-11. After the marriage, the private respondent no. 2 went to matrimonial home and after initial period of 2 years, the matrimonial dispute cropped up between the parties, as a result of which, she along with minor daughter went to parental home, where, she had lodged maintenance proceedings and criminal complaint of the harassment etc against the husband and others. The applicants herein are father-in-law and mother-inlaw. During the pendency of the earlier case proceedings, the parties have resolved their dispute amicably and decided to reside together independently at Bhavnagar and accordingly, the private respondent withdrew all the proceedings. On 13.08.2022, the private respondent wife was beaten by the husband on the patty issue and threatened her to kill and when she resisted, the husband told that he does not like her and the compromise was entered only to get rid of the court cases and directed her to leave the house. Due to said incident, she constrained to lodge an FIR for the physical assault allegedly caused by the husband and act of cruelty. In the FIR, so far role attributable to present applicants are concerned, it is alleged that, the applicant no. 1 – father-in-law being incharge of the business, do not give sufficient financial aid to run the house and indirectly he as well as mother-in-law support the husband and whereby, they are also responsible for the act of cruelty committed by the husband.

3. Pursuant to the FIR, the investigation commenced and accordingly, chargesheet against the applicants and husband came to be filed for the aforesaid offences, which has been culminated into CC No. 10652 of 2022, which is pending before the learned CJM, Bhavnagar. The applicants by way of amendment also prays to quash and set aside the case proceedings pending before the Court.

4. In these background facts, Ms. Kruti M. Shah, learned counsel for the applicants has submitted that the ingredients of the offence ‘cruelty’ lacking so far role of present applicants is concerned and the applicants – father-in-law and mother-in-law have been roped in on the basis of omnibus allegations and no any specific instances of their involvement are being disclosed or alleged in the FIR as well as in the chargesheet case papers. She would further submit that, after the settlement between the parties, the husband and wife were residing independently so that, their marriage life would not get disturb and therefore since long the applicants are living separately and they have nothing to do with the differences of the parties and therefore, the continuation of the criminal proceedings would nothing but an abuse of process of law and court and same may be quashed and set aside.

5. The private respondent – wife, though served, has chosen not to remain present before the Court.

6. Ms. Maithili Mehta, learned Additional Public Prosecutor for the respondent State has submitted that, the issue raised are disputed question of facts and at this stage, it cannot be considered and therefore, no case is made out to exercise inherent powers of this Court.

7. Having heard the learned counsel for the respective parties and having considered the allegations made in the FIR and chargesheet case papers, the issue arise for my consideration is whether case is made out to quash the criminal proceedings against the applicants

8. It is not in dispute that, pursuant to the compromise entered by the husband and wife, they were residing separately and the father-in-law and mother-in-law i.e. applicants also living separately. So far as role attributable to present applicants is concerned, it is alleged that, the applicant no. 1 being a head of the business, would not give sufficient financial aid to run the house and on that ground due to financial crunches the matrimonial dispute arise between the parties. The second allegation is that, they are supporting the acts and deeds of the husband. Section 498A of the Indian Penal Code says that whoever being the husband or relative of the husband of a woman, subjects such woman to cruelty, shall be punished. The term ‘cruelty’ is explained in the section, which says that any willful conduct, which is of such a nature, as it likely to drive the woman to commit suicide or to cause grave injury or danger to life or health of the woman.

9. In the facts of the present case, the allegations made against the applicants, who are father-in-law and mother-in-law, are extremely general in nature and prima-facie, it appears that due to marital discord with the husband, the wife respondent no. 2 has filed the FIR implicating the applicants with a view to harass and humiliate them in the society, the allegations against them do not constitute the offence of cruelty. Reference can be made to the case of Kahkashan Kausar @ Sonam & Ors. Vs. State of Bihar & Ors. reported in (2022) 6 SCC 599 [LQ/SC/2022/172 ;] held and observed that, in recent times, matrimonial litigation in the country has increased significantly which led in an increased tendency to employ provision such as 498A Indian Penal Code as instruments to settled personal scores against the husband and his relatives. In para-17 of the judgment, it is observed that:

“17. ….. this court has at numerous instances expressed concern over the misuse of section 498A IPC and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analyzing the long term ramifications of a trial on the complainant as well as the accused. It is further manifest from the said judgments that false implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law. Therefore, this court by way of its judgments has warned the courts from proceeding against the relatives and inlaws of the husband when no prima facie case is made out against them.”.

10. In light of the settled principles and considering the peculiar facts and circumstances of the present case, the case is fully covered by the categories (1) and (7) as enumerated by the Apex Court in the case of State of Haryana Vs. Bhajan Lal reported in 1992 Suppl. (1) SCC 335 [LQ/SC/1990/744] .

11. For the foregoing reasons, I hold that, if the criminal proceedings is allowed to continue, so far applicants are concerned, then, it will nothing but sort of abuse of process of law and travesty of justice and this is the fit case wherein, the inherent powers needs to be exercised for the purpose of quashing of the FIR and proceedings of the criminal case as referred above. Hence, the application is allowed. Rule is made absolute. The FIR being CR. I No. 11198036220030 of 2022 registered with Mahila Police Station, Bhavnagar as well as other consequential proceedings are hereby quashed and set aside qua present applicants only. Direct service permitted.