Bhavnaben vs State Of Gujarat & 2 on 22 September, 2017

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 offences

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punishable 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 Investigating

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Officer 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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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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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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Direct service is permitted.

(A.J.DESAI, J.)
PALLAVI

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