TaxTMI 
TaxTMI 
TaxTMI 
2010 (7) TMI 1133
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....e of one Rohit Sujanani. It is a long document wherein the complainant Gunjan Sujanani stated about her marriage with Rohit on 08.07.2003 and he being a resident of Nigeria. It was claimed that before the marriage, Rohit had introduced Gunjan to one Mr. Sham and Mrs. Lavina Daswani as his foster parents and also said that he had two foster sisters, namely, Vijeta Daswani (Vijeta Gajra-the appellant herein) who is a resident of Indore, Madhya Pradesh and the other being one Ms. Ritika Daswani, who resided with her mother in London. There are allegations made about the demand of dowry against the husband as also Mrs. Lavina Daswani. The demand included diamond neckless for Vijeta Daswani/Gajra. There was reference to subsequent behaviour of t....
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....a baby on 08.03.2007. Then there is reference to the appellant visiting and staying with the complainant's parents for three days and the allegation that her husband was having sexual relations with Vijeta Gajra, the appellant herein and Mrs.Lavina Daswani. There was a reference that during her stay the appellant was wearing the diamond encrusted pendant and gold chain and earring set which she had taken (practically stolen) in Sierra Leone. 4. In the last part of this lengthy FIR, there was a reference to the demand of two crores of rupees having been made by Vijeta and her mother over the phone to the complainant as a cost of peace and marital happiness. There was a reference to a telephonic conversation with Mrs. Lavina Daswani in t....
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....n by the appellant for quashing the summons arising out of the complaint dated 15.04.2008 and also to a Criminal Miscellaneous Petition No. 2153 of 2008. The High Court had passed the order disposing it of since the State's Counsel had agreed to provide copy of the complaint and had further stated that in the event the FIR was registered, the applicant would be informed of this fact and no coercive action would be taken against her till then. In her application there was a statement that she did not even belong to the family of the complainant, her husband or any of their relatives and that all the allegations were palpably false. It was then stated that the writ petition was filed which came to be disposed of by the High Court. It seem....
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....lanation thereof came to the conclusion that the word `relative' would not include a paramour or concubine or so. Relying on the dictionary meaning of the word `relative' and further relying on R. Ramanatha Aiyar's Advance Law Lexicon, Volume 4, 3rd Edition, the Court went on to hold that Section 498A, IPC being a penal provision would deserve strict construction and unless a contextual meaning is required to be given to the statute, the said statute has to be construed strictly. On that behalf the Court relied on the judgment in T. Ashok Pai v. CIT [(2007) 7 SCC 162]. A reference was made to the decision in Shivcharan Lal Verma & Anr. v. State of M.P. [(2007) 15 SCC 369]. After quoting from various decisions of this Court, it w....