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Mukesh Kishanchand Balani vs State Of Gujarat on 20 February, 2024

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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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NEUTRAL CITATION

R/CR.MA/19925/2021 ORDER DATED: 20/02/2024

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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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NEUTRAL CITATION

R/CR.MA/19925/2021 ORDER DATED: 20/02/2024

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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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NEUTRAL CITATION

R/CR.MA/19925/2021 ORDER DATED: 20/02/2024

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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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NEUTRAL CITATION

R/CR.MA/19925/2021 ORDER DATED: 20/02/2024

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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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NEUTRAL CITATION

R/CR.MA/19925/2021 ORDER DATED: 20/02/2024

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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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NEUTRAL CITATION

R/CR.MA/19925/2021 ORDER DATED: 20/02/2024

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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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