AARIFUDDIN SHAHBUDDIN PATHAN Vs. STATE OF GUJARAT
LAWS(GJH)-2013-12-395
HIGH COURT OF GUJARAT
Decided on December 05,2013

Aarifuddin Shahbuddin Pathan Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.)THIS petition is taken up final hearing. Even in the fourth round, Mr.H.A.Shah, learned advocate for the respondent is absent.
(2.)THE facts of the present case are that the applicant is the elder brother in -law of the complainant. The marriage of the complainant had taken place with Ejajkhan. Initial period of 3 years of her marriage life, she lived happily with her in -laws and there was no dispute between them.
2.1 It is case of the applicant that he was not present in India when the marriage took place as he was serving at Saudi Arabia.

2.2 As per the say of the complainant, after 3 years of her marriage, she was tortured by her in -laws as she could not give birth to a child. She alleged that her in -laws had demanded lakh rupees failing which she would be driven from the home. 2.3 The case of the applicant is that he was not present in India during the period of 13.12.2006 to 17.01.2009 in which the alleged incident as stated by the complainant is taken place. 2.4 It is stated by the applicant in his application that entire career of the applicant is ruined due to present complaint, though he was abroad is borne out from the document produced. Hence, the present petition.

(3.)HAVING heard Mr.H.S.Soni, learned APP appearing for the State and going through the record, it appears that it is an admitted position of the fact that Aarifuddin Shahbuddin Pathan was abroad during the period when these allegations are made against him. While referring to page 17, looking to his passport and looking to his visa and the averments in the complaint also, he is brother in -law of the complainant wife and the averments made in the complaint do not disclose any offence against this accused under 498 -A IPC. Provision of Section 498 -A of IPC reads as follows :
- 498A. Husband or relative of husband of a woman subjecting her to cruelty. - Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

The applicant is arraigned as one accused in the complaint filed by Hajrabanu who happens to be the wife of applicant's brother Ejaj and hence, in relation the applicant is brother in -law of the complainant.



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