Anisbhai Sabbirbhai Vora & 2 vs State Of Gujarat & on 30 October, 2017

R/SCR.A/5126/2015 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5126 of 2015

ANISBHAI SABBIRBHAI VORA 2….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR P P MAJMUDAR, ADVOCATE for the Applicant(s) No. 1-3
MS MOXA THAKKAR, APP for the RESPONDENT(s) No. 1
MR RATHIN P RAVAL, ADVOCATE for the Respondent(s) No. 2

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 30/10/2017

ORAL ORDER

RULE returnable forthwith. The learned APP waives
service of notice of rule for and on behalf of the respondent
no.1 – State of Gujarat. Mr.Rathin Raval, the learned counsel
waives service of notice of rule for and on behalf of the
respondent no.2 – original first informant.

By this writ-application under Article 226 of the
Constitution of India, the writ-applicants have prayed for the
following reliefs :

“(A) Your Lordships may be pleased to quash and set
aside F.I.R. being C.R. No.II-72 of 2015 registered with
Mahila Police Station, Rajkot (at ANNEXURE-A hereto) as
well as charge-sheet filed in connection therewith and all

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R/SCR.A/5126/2015 ORDER

consequential proceedings pursuant to the aforesaid
F.I.R.;

(B) During pendency and final disposal of the present
petition, Your Lordships may be pleased to stay further
proceedings/ investigation of F.I.R. being C.R. No.II-72 of
2015 registered with Mahila Police Station, Rajkot (at
ANNEXURE-A hereto) as well as charge-sheet filed in
connection therewith and all consequential proceedings
pursuant to the aforesaid F.I.R.;

(C) Pass any such other and/or further orders that may
be thought just and proper, in the facts and
circumstances of the present case;”

On 8th September 2015, the following order was passed :

“At the outset, Mr.Majmudar, the learned counsel
appearing for the applicants, does not press this
application so far as the applicant nos.1 and 2, husband
and mother-in-law, are concerned.

NOTICE returnable on 29th October 2015. Mr.Pandya, the
learned APP waives service of notice for and on behalf of
the respondent no.1 State of Gujarat. The respondent
no.2 be served directly through the Investigating Officer
of the concerned Police Station. Direct service is
permitted.

Let there be an ad-interim order in terms of para 14(B)
qua the applicant no.3 herein.”

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Thus, it appears that this application was not pressed at
the relevant point of time so far as the applicant nos.1 and 2
are concerned, i.e. the husband and the mother-in-law
respectively.

I am called upon to look into the case of the applicant
no.3. The applicant no.3 happens to be the maternal uncle of
the husband. Indisputably, in the first information report, the
applicant no.3 has not even been named as an accused. There
is no whisper of any allegation against him. It is only in the
further statement of the first informant recorded on 18th May
2015 that some allegations of harassment came to be levelled
against the applicant no.3. The applicant no.3 is a 70 year old
man and as such has nothing to do with the matrimonial
dispute between the husband and the wife.

I see no good reason to continue the prosecution for the
offence under Section 498A of the Indian Penal Code so far as
the applicant no.3 is concerned.

In the result, this application succeeds so far as the
applicant no.3 is concerned. The further proceedings of the
Criminal Case No.4748 of 2015 pending in the court of the
learned JMFC, Rajkot, arising from the FIR being C.R. No.II-72 of
2015 registered at the Mahila Police Statio, Rajkot, is hereby
quashed so far as the applicant no.3, namely Dr.Anwar Hussain
Salehbhai Hirani is concerned.

Rule is made absolute. The trial shall now proceed further in
accordance with law expeditiously so far as the applicant nos.1 and 2
are concerned. Direct service is permitted.

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(J.B.PARDIWALA, J.)
MOIN

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