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Gujarat High Court
Mukesh Kishanchand Balani vs State Of Gujarat on 20 February, 2024
NEUTRAL CITATION
R/CR.MA/19925/2021 ORDER DATED: 20/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 19925 of 2021
MUKESH KISHANCHAND BALANIMUKESH KISHANCHAND BALANI
ANR.
Versus
STATE OF GUJARAT ANR.STATE OF GUJARAT
Appearance:
MS.P J.JOSHI(3888) for the Applicant(s) No. 1,2
PRITESH M SHAH(8405) for the Respondent(s) No. 2
MR HARDIK SONI, APP PUBLIC PROSECUTOR for the Respondent(s) No.1
CORAM:HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
Date : 20/02/2024
ORAL ORDER
1. This Criminal Misc. Application under Section 482 of the
Criminal Procedure Code is filed seeking quash of the FIR in
Crime Register No.Part-A-11191045210921 of 2021
registered with Sola Police Station, Ahmedabad, for the
offences punishable under Section 498(A), 323, 294(b), 506(1)
and 114 of the Indian Penal Code and under Section 3 and 4
of the Dowry Prohibition Act.
2. Heard learned counsel for the petitioners and Mr.
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Hardik Soni, learned APP for respondent no.1 – State and Mr.
Pritesh M. Shah, learned advocate for the respondent no.2.
3. Outline facts of the prosecution case may be stated as
follows:-
3.1 The de facto complainant is the wife of the accused no.1.
Their marriage was solemnized in the year 2012. Thereafter,
they started living together and leading conjugal life. It is
alleged that after some time, the accused no.1 alongwith the
petitioners herein, who are the accused nos.2 and 3, who are
his parents, started harassing her with illegal demand for
dowry. It is stated that they used to beat her and abuse her in
filthy language making such illegal demand of dowry and
thereby, subjected to her both physically and mental cruelty.
3.2 On the report lodged by the de facto complainant
narrating the above facts of subjecting her to physical and
mental cruelty by her husband and her parents -in-laws, the
aforesaid FIR was registered against them.
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3.3 Accused no.1, who is the husband did not challenge the
said FIR and did not seek quash of the FIR. The petitioners
are only the parents -in-laws of the de facto complainant and
they have filed this petition for quash of the FIR, that was
registered against them.
4. They sought quash of the FIR on twin grounds; (i) That
they are not residing along with the accused no.1 and the de
facto complainant and they are living separately in another
house and as such, they had no occasion to harass the
complainant by making any such illegal demand for dowry as
alleged; (ii) Only vague allegations are made against them and
no specific allegation as to how they harassed her and
subjected her to cruelty are not made in the FIR.
5. Learned counsel for the petitioners reiterated the above
submissions and would contend that they are falsely
implicated in this case and thereby, prayed for quash of the
FIR registered against them.
6. Learned public prosecutor on instructions would
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contend that the entire investigation in the case was
completed and charge-sheet was filed and the investigation
revealed that the accused no.2, who is the father-in-law also
physically assaulted the de facto complainant and slapped her
and a clear case under Section-323 is made out. He also
contends that the investigation disclosed that the father-in-law
has also demanded dowry from the de facto complainant along
with the accused nos.1 and 3 and they subjected her to
cruelty. Therefore, he would contend that prima-facie case is
made out against the accused no.2, who is the petitioner no.1
herein and as such the FIR and criminal proceedings launched
against him cannot be quashed. He prayed for dismiss of the
petition against him.
7. As regards accused no.3, who is the mother-in-law of the
de facto complainant is concerned, he contends that though it
is stated in the FIR the she also slapped her, that nothing has
come out during the course of investigation that she has
physically assaulted her and slapped her. He submits that a
general allegation is made against her that she demanded
money from the de facto complainant along with the other
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accused. He admitted that except the said allegation, there is
no other allegation is made against the mother-in-law.
8. Copy of the charge-sheet is also submitted by the
learned APP. The same is taken on record.
9. As can be seen from the contents of the FIR, a clear
allegation is made against the petitioner no.1, who is the
father-in-law that he made an illegal demand for money and
thereby, harassed the de facto complainant. An allegation that
he also slapped her in that connection and thereby subjected
to her physical harassment, is also made. As per the charge-
sheet, that was filed, a case against him both for the offence
under Sections-323 of IPC and 498A of IPC and other sections
of law, for which the FIR was registered, is made out.
Therefore, it cannot be said that only a vague allegation was
made against him and there is no specific allegation made
against him, which constitute the aforesaid offences, for
which the FIR was registered and chargesheet was filed. The
truth otherwise of the said allegation is to be decided by the
trial Court after the prosecution leads evidence to that effect.
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Therefore, the FIR and the criminal proceedings launched
against him thereon cannot be quashed. The petition in so far
as the petitioner no.1 is concerned, it is liable to be dismissed.
10. As regards the petitioner no.2 who is the mother-in-law
is concerned, although it is stated in the FIR that she also
slapped the de facto complainant, as per the charge-sheet, no
case is made out against her during the course of
investigation that she has slapped the de facto complainant
and thereby, subjected to her any physical harassment as
alleged. Learned public prosecutor has fairly conceded that it
has not come out during the investigation that she slapped her
and physically harassed her.
11. As regards the allegation of demand for dowry is
concerned, only a vague and general allegation was made
against her that she alongwith accused nos.1 and 2 demanded
for money. But no specific allegation in this regard is made
against her. It is settled law that mere making a vague
allegation to that effect, do not constitute any offence
punishable under Section-498A of IPC. No case is made out
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against her for the offences punishable under Section-506(1)
also. Therefore, in the said facts and circumstances, the FIR
and criminal proceeding launched against her thereon are
liable to be quashed.
12. Resultantly, this petition is partly allowed quashing the
FIR and the criminal proceeding launched thereon against the
petitioner no.2, who is the accused no.3. The petition in so far
as the petitioner no.1 is concerned, it is hereby dismissed.
(CHEEKATI MANAVENDRANATH ROY, J)
A. B. VAGHELA
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