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Gujarat High Court

Darshnaben Nikunjbhai Vaghela vs State Of Gujarat on 3 April, 2024

Author: Ilesh J. Vora

Bench: Ilesh J. Vora

NEUTRAL CITATION

R/CR.MA/7768/2022 ORDER DATED: 03/04/2024

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 7768 of 2022

DARSHNABEN NIKUNJBHAI VAGHELA ORS.
Versus
STATE OF GUJARAT ANR.

Appearance:
DELETED for the Applicant(s) No. 6
MS ROOPAL R PATEL(1360) for the Applicant(s) No. 1,2,3,4,5
MR ANKIT SHAH(6371) for the Respondent(s) No. 2
MS. C.M. SHAH, APP for the Respondent(s) No. 1

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

Date : 03/04/2024

ORAL ORDER

1. By invoking inherent power of this Court, the applicants-

original accused have preferred this quashing petition

under Section 482 of Cr.P.C in relation to the FIR being

C.R. No. 11206001220011 of 2022 registered with

Mahila Police Station, Mehsana for the offence

punishable with Section 498(A), 323 and 114 of the Indian

Penal Code.

2. This Court has heard learned Counsel Ms. Roopal Patel

appearing for and on behalf of the applicants. Despite of

notice of service of rule, the second respondent wife, who

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has lodged the FIR, has chosen not to contest the present

application and remained absent throughout the

proceedings.

3. The brief facts giving rise to file the present application are

that the marriage of the second respondent was

solemnized with Himanshu Parmar in the year 2016. Due to

matrimonial dispute, the second respondent lodged an FIR

against the husband and his relatives, inter alia, alleging

that she has been subjected to cruelty and harassed by the

applicant and husband. The applicants are sister-in-laws

and parents of the husband. The allegations made against

the applicants are to the effect that by raising suspicion on

her character, she was harassed mentally and physically

and despite of so many attempts to resolve the dispute,

there is no result as the applicants being in-laws, provoke

the husband in commission of the offence of cruelty.

4. In view of the aforesaid facts, after registration of the FIR,

the applicants as well as the husband, approach this Court.

At the time of admission of the matter, the application qua

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the husband, was not pressed and accordingly, it stood

dismissed qua him. The learned Counsel Ms. Roopal Patel

has tendered the order of the acquittal in favour of the

husband accused passed in Criminal Case No. 4305 of 2022

dated 29.11.2023, which is taken on record.

5. Ms. Roopal Patel has submitted that the entire family has

been falsely invoked in the alleged offence as there is no

any specific instances of the cruelty being disclosed and

how and in which manner the applicants doubted the

character of the wife, has not been specifically alleged in

the FIR. In such circumstances, she would urge that the

proceedings being initiated with ulterior motive and to

harass the applicants and they have nothing to do with the

matrimonial dispute. The sister-in-laws and their husbands

are living separately at the respective places mentioned in

the cause-title of the petition. Thus, the allegations alleged,

is accepted to be true then also, no offence is made out

against the applicants.

6. As observed, the wife has chosen to remain absent from

the proceedings. The State Counsel Ms. C.M. Shah has

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opposed the application, contending that the disputed

question of facts cannot be examined at this stage and

there is a specific allegation that the applicants doubted

the character of the wife, which is sufficient to hold that

prima-facie case is made out against the applicants.

7. The scope and power of the High Court to quash the first

information report is well settled. The power under Section

482 of the Code has to be exercised sparingly and

cautiously to prevent the abuse of process of Court and to

secure the ends of justice. The High Court should refrain

from giving a prima-facie decision, unless there are

compelling circumstances to do so. Taking the allegations,

as they are, without adding or subtracting anything, if no

offence is made out, only then, the High Court would be

justified in quashing the proceedings in the exercise of its

power under Section 482 of the Cr.P.C.

8. The Apex Court in case of State of Haryana vs. Bhajan Lal

reported in (1992) Supp 1 SCC 335 has laid down the

guidelines that must be adhered to while exercising

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inherent powers under Sections 482 of the Code to quash

the criminal proceedings. The relevant paragraph reads

thus:

“102. In the backdrop of the interpretation of the various
relevant provisions of the Code under Chapter XIV and of
the principles of law enunciated by this Court in a series
of decisions relating to the exercise of the extraordinary
power under Article 226 or the inherent powers under
Section 482 of the Code which we have extracted and
reproduced above, we give the following categories of
cases by way of illustration wherein such power could be
exercised either to prevent abuse of the process of any
court or otherwise to secure the ends of justice, though it
may not be possible to lay down any precise, clearly
defined and sufficiently channelised and inflexible
guidelines or rigid formulae and to give an exhaustive list
of myriad kinds of cases wherein such power should be
exercised:

(1) Where the allegations made in the first information
report or the complaint, even if they are taken at their
face value and accepted in their entirety do not prima
facie constitute any offence or make out a case against
the accused.

(2) Where the allegations in the first information report
and other materials, if any, accompanying the FIR do not
disclose a cognizable offence, justifying an investigation

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by police officers under Section 156(1) of the Code
except under an order of a Magistrate within the purview
of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR
or complaint and the evidence collected in support of the
same do not disclose the commission of any offence and
make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate as contemplated under
Section 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint
are so absurd and inherently improbable on the basis of
which no prudent person can ever reach a just conclusion
that there is sufficient ground for proceeding against the
accused.

(6) Where there is an express legal bar engrafted in any
of the provisions of the Code or the Act concerned (under
which a criminal proceeding is instituted) to the
institution and continuance of the proceedings and/or
where there is a specific provision in the Code or the Act
concerned, providing efficacious redress for the
grievance of the aggrieved party.

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(7) Where a criminal proceeding is manifestly attended
with mala fides and/or where the proceeding is
maliciously instituted with an ulterior motive for wreaking
vengeance on the accused and with a view to spite him
due to private and personal grudge.”

9. Since the FIR in question emanates from matrimonial

disputes. Recently, the Apex Court in case of Kahkashan

Kausar @ Sonam Ors. Vs. State of Bihar Ors. reported

in (2022) 6 SCC 599 held and observed that, in recent

times, matrimonial litigation in the country has increased

significantly which led in an increased tendency to employ

provision such as 498A Indian Penal Code as instruments to

settled personal scores against the husband and his

relatives. In para-17 of the judgment, it is observed that:

“17. ….. this court has at numerous instances expressed
concern over the misuse of section 498A IPC and the
increased tendency of implicating relatives of the
husband in matrimonial disputes, without analyzing the
long term ramifications of a trial on the complainant as
well as the accused. It is further manifest from the said
judgments that false implication by way of general
omnibus allegations made in the course of matrimonial
dispute, if left unchecked would result in misuse of the
process of law. Therefore, this court by way of its

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judgments has warned the courts from proceeding
against the relatives and in-laws of the husband when no
prima facie case is made out against them.”

10. Having regard to the facts and circumstances of the

present case and the allegations made in the FIR, this

Court is of prima-facie view that the allegation of character

are vague and general in nature. There is no any specific

details being disclosed in relation to the character. Thus,

prima-facie it appears due to matrimonial dispute with the

husband and considering the failed attempt of the

compromise, the wife under compulsion, initiated the

criminal proceedings against the entire family, including

the sister-in-laws who are living separately at their

matrimonial homes. It needs to be noted that after

appreciation of evidence, the trial Court has acquitted the

husband. In such circumstances, if the allegations made

accepted as it is, do not disclose the offence alleged

against the applicants.

11. For the aforementioned reasons, the case is fully covered

by the categories (i) and (vii) as enumerated by the Apex

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Court in the case of State of Haryana Vs. Bhajanlal and

therefore, this Court is convinced that the continuation of

the criminal proceedings would be an abuse of process of

the Court and law.

12. Resultantly, the application succeeds. Rule is made

absolute to aforesaid extend. FIR being C.R. No.

11206001220011 of 2022 registered with Mahila

Police Station, Mehsana and other consequential

proceedings thereto against present applicants are hereby

quashed and set aside.

13. The observations made hereinabove are prima-facie in

nature and confined to the adjudication of the present

application. The investigation agency as well as the trial

Court shall not get influence by the said observation during

the investigation as well as at the course of trial. Direct

service permitted.

(ILESH J. VORA,J)
SAJ GEORGE

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