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Rameshchandra Dhoribhai Patel vs State Of Gujarat on 28 February, 2024

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Gujarat High Court

Rameshchandra Dhoribhai Patel vs State Of Gujarat on 28 February, 2024

NEUTRAL CITATION

R/CR.MA/20606/2019 ORDER DATED: 28/02/2024

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR QUASHING
SET ASIDE FIR/ORDER) NO. 20606 of 2019

RAMESHCHANDRA DHORIBHAI PATEL ANR.
Versus
STATE OF GUJARAT ANR.

Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1,2
MS JYOTI BHATT, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2

CORAM:HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY

Date : 28/02/2024

ORAL ORDER

1. This Criminal Misc. Application under Section 482 of the
Criminal Procedure Code, 1973 (
CrPC) is filed seeking quash of the
FIR in Crime No. I-7 of 2019, registered with Mahila Police Station,
Anand and the Charge-sheet in Criminal Case No. 3312 of 2019 on
the file of learned Chief Judicial Magistrate, Anand, against the
applicants for the offences punishable under
Sections 498A, 323,
504, 506(2) and 114 of the Indian Penal Code, 1860 (IPC) and
Sections 3 and 7 of the Dowry Prohibition Act.

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NEUTRAL CITATION

R/CR.MA/20606/2019 ORDER DATED: 28/02/2024

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2. Heard, learned counsel for the applicants and learned
Additional Public Prosecutor for the State respondent. Despite
service of notice on respondent No. 2, none appears.

3. The applicants are accused Nos. 2 and 3, respectively, in the
above crime. They are the parents-in-law of the de facto
complainant. The accused No. 1 is the husband of the de facto
complainant.

4. The de facto complainant has lodged the report with the police
alleging that her husband, who is A-1, subjected her to physical and
mental harassment by making illegal demand for dowry and also
threatened her to kill and thereby, intimidated her. It is stated that
even though she has informed about the said conduct of her husband
to A-2 and A-3, who are her parents-in-law, they did not respond to
the same.

5. After the FIR was registered, the applicants, who are the
parents-in-law, alone approached this Court by way of filing this
application seeking to quash the FIR and the criminal proceeding
initiated against them thereon. After completion of investigation, the
Charge-sheet was filed against the accused in the trial Court. But, in
view of interim stay granted by this Court, trial could not take place
against the present applicants. As there was no stay in favour of A-
1, who is the husband of the de facto complainant, the trial took

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NEUTRAL CITATION

R/CR.MA/20606/2019 ORDER DATED: 28/02/2024

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place against him and in the final adjudication, he was acquitted as
the case against him could not be substantiated by the prosecution.
A copy of the said judgment of acquittal of A-1 is now produced by
the learned counsel for the applicants and the same is taken on
record. It is evident from it that A-1 was acquitted in the said case in
the final adjudication of the said case.

6. The main allegation of subjecting the de facto complainant to
physical and mental cruelty with illegal demand for dowry and also
intimidation, all are against the A-1. He is now acquitted from the
said case. There are no specific or serious allegations made against
the applicants herein who are the parents-in-law of the de facto
complainant regarding commission of any of the aforesaid offences.
Even, the learned Additional Public Prosecutor also fairly concedes
that all the main allegations are against the A-1 and he is now
acquitted by the trial Court and no specific or serious allegations are
made against these applicants in the FIR.

7. Therefore, as no substantial allegations are made against the
applicants in FIR, no prima facie case is made out against them for
any of the offences for which the aforesaid FIR is registered.
Further, when the principal offender who is A-1 was already
acquitted after full-fledged trial by the trial Court, this Court is of the
considered view that the FIR registered against the applicants and
the criminal prosecution launched thereon are liable to be quashed as

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NEUTRAL CITATION

R/CR.MA/20606/2019 ORDER DATED: 28/02/2024

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allowing the said proceedings to be continued on the basis of the
said FIR against the applicants would amount to abuse of process of
Court.

8. Resultantly, the application is allowed. The FIR in Crime No.
Crime No. I-7 of 2019, registered with Mahila Police Station, Anand
and the Charge-sheet in Criminal Case No. 3312 of 2019 on the file
of learned Chief Judicial Magistrate, Anand, against the applicants
for the offences punishable under
Sections 498A, 323, 504, 506(2)
and
114 of the IPC and Sections 3 and 7 of the Dowry Prohibition
Act, are hereby quashed against the applicants. Rule is made
absolute, accordingly. Direct service is permitted.

[ Cheekati Manavendranath Roy, J. ]
hiren
/SB-I-4

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