Patel Hargovanbhai Joitaram & vs State Of Gujarat & on 29 November, 2017

R/CR.MA/17136/2015 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 17136 of 2015

PATEL HARGOVANBHAI JOITARAM 1….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR DAIFRAZ HAVEWALLA, ADVOCATE for the Applicant(s) No. 1-2
MR DM DEVNANI, APP for the RESPONDENT(s) No. 1
TARUNA R MAKWANA, ADVOCATE for the Respondent(s) No. 2
HCLS COMMITTEE, ADVOCATE for the Respondent(s) No. 2

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 29/11/2017

ORAL ORDER

By this application under Section 482 of the Code of
Criminal Procedure, 1973, the applicants – original accused
nos.2 and 3 seek to invoke the inherent powers of this Court,
praying for quashing of the proceedings of the Criminal Case
No.741 of 2015 pending before the court of the learned JMFC,
Unjha, District Mehsana, arising from the First Information
Report being I-CR No.139 of 2015 registered with the Unjha
Police Station, District Mehsana, for the offences punishable
under Section 498A, 323 read with Section 114 of the Indian
Penal Code.

It appears from the materials on record that the applicant

Page 1 of 3

HC-NIC Page 1 of 3 Created On Thu Nov 30 00:22:51 IST 2017
R/CR.MA/17136/2015 ORDER

no.1 is the father-in-law and the applicant no.2 is the mother-
in-law of the respondent no.2. The marriage of the respondent
no.2 came to be solemnized about 11 years before the date of
the registration of the FIR. In the wedlock, a son was born. The
allegations in the FIR are that of harassment and cruelty.

It appears that problems cropped up in the marital life on
account of an extra-marital affairs of the husband with one
Sarojben Amrutbhai Prajapati. I am informed by the learned
counsel appearing for the respondent no.2 that Sarojben is a
widow. At the end of the investigation, charge-sheet came to
be filed against the applicants herein, and in the said charge-
sheet, the husband has been shown in the Column No.2 as
absconding accused.

According to Mr.Havewalla, the learned counsel
appearing for the applicants, his clients do not have any idea
as regards the whereabouts of the son.

Having gone through the papers of the charge-sheet, I do
not find any materials to prosecute the two applicants herein
for the offence under Section 498A of the Indian Penal Code.
However, I should not overlook the fact that the respondent
no.2 is rendered helpless with a nine year old minor son.

In the overall view of the matter, I am inclined to allow
this application and quash the prosecution so far as the
applicants are concerned. This application is allowed. The
further proceedings of the Criminal Case No.741 of 2015
pending before the court of the learned JMFC, Unjha, District
Mehsana, arising from the First Information Report being I-CR

Page 2 of 3

HC-NIC Page 2 of 3 Created On Thu Nov 30 00:22:51 IST 2017
R/CR.MA/17136/2015 ORDER

No.139 of 2015 registered with the Unjha Police Station,
District Mehsana, are hereby quashed. The trial Court is
directed to immediately issue a non-bailable warrant of arrest
of the husband, namely Narendrakumar Hargovanbhai Patel.
Let this exercise be undertaken by the trial Court at the
earliest. Rule made absolute to the aforesaid extent. Direct
service is permitted.

Registry is directed to communicate this order to the court
concerned so that the non-bailable warrant can be issued at the
earliest.

(J.B.PARDIWALA, J.)
MOIN

Page 3 of 3

HC-NIC Page 3 of 3 Created On Thu Nov 30 00:22:51 IST 2017

Leave a Comment

Your email address will not be published. Required fields are marked *