R/CR.MA/5674/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 5674 of 2017
BHAVNABEN W/O NIKHILKUMAR ACHARYA 2….Applicant(s)
Versus
STATE OF GUJARAT 2….Respondent(s)
Appearance:
MR TANMAY B KARIA, ADVOCATE for the Applicant(s) No. 1 – 3
MR. RAKESH PATEL, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
RULE SERVED BY DS for the Respondent(s) No. 2 – 3
CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 22/09/2017
ORAL ORDER
1. By way of present application under Section 482 of the
Code of Criminal Procedure, 1973, the applicants accused
have prayed as under :-
“(A) YOUR LORDSHIPS may be pleased to
quash and set aside the criminal complaint
being C.R. No.4 of 2016 registered with
Tankara Police Station, the charge sheet
filed thereon and subsequent proceedings
of Criminal Case No.225 of 2016 pending
in the Court of Ld. Magistrate, Tankara
arising out of the same FIR for offencesPage 1 of 6
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R/CR.MA/5674/2017 ORDERpunishable under Sections 498A, 114 of
the Indian Penal Code;
(B) During pendency and final disposal of
the present petition, YOUR LORDSHIPS
may be pleased to stay further proceedings
in connection with criminal complaint
being C.R. No.14 of 2016 registered with
Tankara Police Station, and subsequent
proceedings of Criminal Case No.225 of
2016 pending in the court of Ld.
Magistrate, Tankara arising out of the
same FIR for offences punishable under
Sections 498A, 114 of the Indian Penal
Code;
(C) Pass any such order and/or further
orders that may be thought just and
proper, in the facts and circumstances of
the present case.”
2. Though served, private respondents have chosen not to
appear before this Court. On 27.2.2017, the Co-ordinate
bench of this Court has passed the following order :-
“Let Rule be issued to the respondents
returnable on 30/06/2017. Ms. Thakore,
the learned APP waives service of notice of
rule for and on behalf of the respondents
nos.1 and 2. The respondent no.3 be
served directly through the InvestigatingPage 2 of 6
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R/CR.MA/5674/2017 ORDEROfficer of the concerned Police Station.
Let there be an ad-interim order in terms
of Para-12(B) qua the applicants herein.
Direct service is permitted.”
3. Thereafter, on 18.8.2017. On 18.8.2017, the following
order was passed :-
“Though served, private respondents have
chosen not to appear before this Court.
Stand over to 22.09.2017.”
4. Thereafter, the respondent No.2 sent affidavit-in-reply
through Post which was received by the Registry and placed
on record before this Court. In the reply, she has stated that
offences alleged by her have been made out and hence, this
Court shall not quash the impugned complaint.
5. Brief facts arise from the record are as under :-
The present respondent No.2 lodge an FIR with
Tankara Police Station, District Morbi, which was registered
as C.R. No.14 of 2016 for the offences punishable under
Section 498A as well as Section 114 of the Indian Penal Code
against her husband, mother-in-law, married sisters and
husband of one sister-in-law. It was alleged in the FIR that she
entered into marriage with accused No.1 Pankajkumar
Surendraprasad Rawal on 7.7.2007, as per Hindu religion.
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R/CR.MA/5674/2017 ORDER
She started residing with her husband and mother-in-law as
well as one of the sister-in-law. It was alleged that she was
driven out in the year 2011. However, the matter was settled
in the year 2014 and she again started living with her
husband and mother-in-law. It was alleged that her husband
as well as mother-in-law used to taunt her about the
household work etc. It is also alleged that when her sister-in-
law used to visit parental home with her husband, they also
used to taunt her.
6. Having came to know about the lodgment of FIR, the
present petition has been filed by No.2 – sister-in-law and
husband of one of the sister-in-law – private respondent No.2.
7. Mr. Tanmay B. Karia, learned advocate appearing for the
petitioners would submit that the petitioners are residing
separately since number of years with her husband and are
not concerned with the dispute between the husband and
wife. By taking through the FIR, he would submit that no
allegations of cruelty and has not made any allegations as to
any offence committed by the petitioners. He therefore, would
submit that the petition may be allowed.
8. I have heard Mr. Tanmay B. Karia, learned advocate
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R/CR.MA/5674/2017 ORDER
appearing for the petitioners and Mr. Rakesh Patel, learned
Additional Public Prosecutor, appearing for respondent No.1 –
State.
9. It is an undisputed fact that the petitioners are married
sister-in-law and her husband residing separately. Only
allegation given against the present petitioners are that when
they occasionally used to visit their matrimonial home, they
used to taunt the complainant.
10. In my opinion, it cannot considered as offence
committed under Section 498A of the Criminal Procedure
Code. Even otherwise, I am of the opinion that if the
applicants are prosecution against the petitioners is allowed
to continue, it would be an abuse of process of law.
11. Resultantly, this application is allowed and the impugned
FIR bearing C.R. No.14 of 2016 registered with Tankara
Police Station, Morbi, filed against the present petitioners is
hereby quashed and set aside. Consequently, all other
proceedings arising out of the aforesaid FIR and charge sheet
are also quashed and set aside qua the petitioners.
Accordingly, Rule is made absolute.
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R/CR.MA/5674/2017 ORDER
Direct service is permitted.
(A.J.DESAI, J.)
PALLAVI
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