—
Gujarat High Court
Rameshbhai @ Vinodbhai Dhulabhai Salat vs State Of Gujarat on 1 April, 2024
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/CR.MA/1317/2022 ORDER DATED: 01/04/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 1317 of 2022
RAMESHBHAI @ VINODBHAI DHULABHAI SALAT ORS.
Versus
STATE OF GUJARAT ANR.
Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1,2,3,4
MS CM SHAH, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 01/04/2024
ORAL ORDER
1. By invoking inherent jurisdiction of this High Court under
Section 482 of the Cr.P.C. the applicants – original accused
have preferred this application whereby they are seeking
quashment of Criminal Case No.106998/2019, pending before
the Additional Chief Metropolitan Magistrate Court at
Ahmedabad. Pursuant to the FIR, being No.I-56/2019,
registered with Airport Police Station, Ahmedabad, for the
offence punishabel under Section 498A, 323 and 114 of the
IPC and Section 3 and 7 of the Dowry Prohibition Act, the
Police has filed a charge-sheet against 4 persons who are
husband and his relatives of the second respondent Rekhaben
Salat.
2. Brief facts giving rise to the present application are that
after marriage, the second respondent went to matrimonial
home at Kapadvanj Kheda and after 10 years of the marriage
life, the matrimonial dispute arose between the husband and
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wife. In 2017, as per the custom, the marriage was dissolved
and since then she is living at her parental home and after 5
years of the dissolution of the marriage she lodged an FIR
against the husband Vinodbhai, mother in law, sister in law
and her husband inter alia alleging that during the marriage
life she was subjected to cruelty mentally and physically and
was asked to bring a cash amount from her father and on that
aspect she was beaten and harassed by the husband and inlaws
and when she could not brought the cash amount she was
driven out from the home and since then she is living at
parental home. The Police has commence the investigation and
at the end of it the applicants were charge-sheeted for the
aforesaid offences and same is pending for its adjudication
before the Court concerned.
3. Mr. Vicky Mehta, learned counsel appearing for the
applicants has submitted that the Criminal Proceedings after
delay of 5 years and that too after dissolution of marriage,
which is nothing but a sheer harassment and abuse of process
of law and court. The allegations of cruelty and dowry are
vague and general and no any specific date and time being
disclosed and or mentioned in the FIR and nothing being
found during the course of investigation that the wife was
meted out the cruelty at the hands of the applicants. Thus,
with oblique and ulterior motive the FIR being lodged and on
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reading of the charge-sheet case papers prim-facie no offence is
made out against the applicants.
4. Thus, therefore, Mr. Mehta, prays that in order to
prevent abuse of process of law and for ends of justice the
proceedings may be quashed by exercising inherent powers of
this Court.
5. The second respondent Rekha Salat despite service of rule
she has chosen to not to remain present before this Court and
throughout the proceedings she remained absent.
6. The learned APP Ms. C.M. Shah, has submitted that the
factum of divorce has projected cannot be taken into
consideration as nothing on record to show that marriage has
been dissolve legally. Therefore, the factual aspect cannot be
examined at this stage and let it be tested and examined
before the trial Court.
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
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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 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
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not disclose a cognizable offence, justifying an
investigation 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.
(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
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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 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 upon perusal of the allegations made in the
FIR and charge-sheet case papers, this Court is of considered
opinion that the initiation of criminal proceedings after a
period of 5 years is a abuse of process of law and Court. In
the FIR, no any explanation forth coming that why after
decision to live separately, the cause would arise to lodge the
FIR. The sister in law and her husband are living separately in
the Kapadvanj town. The allegations of crulty and demand of
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cash amount being made in casual manner and no any specicif
instances of the harassment as well as reasons for asking the
wife to bring cash amount being disclosed. Thus, therefore, on
plane reading of FIR and material in the form of charge-sheet
case papers accepted as it, do not disclosed the offence alleged
or make out any case against the applicants and continuation
of the criminal proceedings would nothing but a sheer abuse of
law and Court.
11. For the reasons recorded, this Court is convinced that,
the implication of the applicants in the questioned FIR would
amount to misuse of process of law and it is well settled that,
the power under Section 482 has to be exercised by the High
Court, inter-alia to prevent abuse of process of any court or
otherwise to secure ends of justice and it is boundant duty of
the constitutional Court to see that the criminal proceedings
should not be encouraged, when it is found to be malafide or
otherwise an abuse of process of the court.
12. For the aforementioned reasons, the case is fully covered
by the categories (i) and (vii) as enumerated by the Apex 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.
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13. Resultantly, the application succeeds. Rule is made
absolute to aforesaid extend. FIR, being No.I-56/2019,
registered with Airport Police Station, Ahmedabad, and other
consequential proceedings thereto against present applicants are
hereby quashed and set aside.
14. 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)
Manoj Kumar Rai
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