—
Gujarat High Court
Ravinaben Sureshbhai Parmar vs State Of Gujarat on 27 February, 2024
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/CR.MA/6461/2022 ORDER DATED: 27/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 6461 of 2022
RAVINABEN SURESHBHAI PARMAR
Versus
STATE OF GUJARAT ANR.
Appearance:
MR PARTHIV A BHATT(5331) for the Applicant(s) No. 1
MR.HARDIK B SHAH(3751) for the Respondent(s) No. 2
MS CM SHAH APP for the Respondent(s) No. 1
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 27/02/2024
ORAL ORDER
1. By invoking inherent powers of this Court, the
applicant-original accused, who are facing the charges
for the offences of cruelty and demand of dowry have
preferred this application for quashing of the FIR
being CR No.11191033220039 of 2022
registered with Meghaninagar Police Station,
Ahmedabad, for the offences 498A, 323, 114 of
Indian Penal Code and under Sections 3 and 7 of the
Dowry Prohibition Act.
2. The applicant is sister-in-law of the second
respondent, against whom the aforesaid FIR for the
act of cruelty and demand of dowry is being filed.
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Admittedly, the marriage of the second respondent
with accused no. 1 Krunal Parmar was solemnized on
30.01.2020. The second respondent wife is teacher
serving at Palanpur, Dist.: Banaskantha. In the Covid
time, she stayed at Ahmedabad and thereafter, except
holidays, she used to stay at Palanpur. The husband is
also a teacher. In the month of April, 2020, due to
matrimonial discord with the husband, she left the
matrimonial home and thereafter, she returned back
on 22.06.2020 and then again, went to Palanpur for
service. It is in this background facts, the questioned
FIR for the act of cruelty was being filed by the private
respondent against 6 persons, who are husband and
his relatives, inter-alia alleging that, she has been
harassed mentally and physically by the accused and
was asked to bring jewelry from the parental home
and also did not return the car, which was purchased
by her and lastly, on 13.01.2022, when complaint is
being made for withdrawal of the amount from the
Bank, she was beaten by the husband and others and
therefore, she constrained to file the questioned FIR
for constant harassment and torture meted out by her.
3. This Court has heard learned counsel Mr. Parthiv
Bhatt, Mr. H.B. Shah and Ms. C.M. Shah, learned
Additional Public Prosecutor for the respondent State.
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4. Mr. Parthiv Bhatt, learned counsel has submitted
that, this is a case of false implication and in absence
of specific allegations against any one of the
applicant, except common and general allegations, no
offence under Section 498A is made out. Thus,
therefore, he would urge that, the implication of the
applicant being made in a casual manner with oblique
motive and same deserves to be quashed and set
aside.
5. In the aforesaid contentions, the learned counsel Mr.
Parthiv Bhatt, has submitted that, the FIR qua the
applicant is absolutely false and frivolous and on
reading of it, the offence of cruelty and demand of
dowry is clearly not made out, as, the allegations are
totally vague and general in nature and having been
alleged with a view to harass the applicant and thus,
therefore, the institution of the FIR, implicating the
applicant, would amount to sheer abuse of process of
law and court and same deserves to be quashed and
set aside.
6. Mr. H. B. Shah and Ms. Chetna Shah, have jointly
submitted that, the High Court at this stage, would not
ordinarily entered into a disputed question of fact and
therefore, when the allegations made in the FIR
disclosed the commission of offence, the court may
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not quash it and allowed the investigation to be
continued in the matter.
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 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 decisionsPage 4 of 11
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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
by police officers under Section 156(1) of the
Code except under an order of a MagistratePage 5 of 11
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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 andPage 6 of 11
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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 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 thePage 7 of 11
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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. In matrimonial case, the Apex Court in the case of
Preeti Gupta and another vs. State of Jharkhand
and another reported in (2010) 7 SCC 667
observed that, a serious relook of the entire provision
is warranted by the legislation. It is also a matter of
common knowledge that, exaggerated version of the
incident are reflected in a large number of complaints.
The tendency of over implication is also reflected in
very large number of cases.
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11. Having heard the learned counsel for the respective
parties, the issue falls for my consideration is whether
the case is made out for quashing the criminal
proceedings by invoking the inherent powers of this
Court.
12. Having considered the contentions raised by learned
counsel for respective parties and on perusal of the
allegations made in the FIR, this Court is of the
considered view that the allegation of cruelty being
specifically alleged against the husband as she was
used to beat her on the issue of household works. The
applicant herein is the sister-in-law. On reading of the
FIR, except causal reference of the sister-in-law,
nothing specifically alleged against her in relation to
the act of cruelty and demand of dowry. Thus,
therefore, she has been arraigned as accused no. 6
due to serious differences of her with the husband.
Thus, the allegations made against the applicant
accepted in its entirety as it is, do not make out any
offence and prima-facie, it appears that, the criminal
proceedings qua the applicant having been instituted
with malafide and ulterior motive.
13. For the reasons recorded, this Court is convinced that,
the implication of the applicant in the questioned FIR
would amount to misuse of process of law and it is
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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.
14. 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.
15. Resultantly, the application succeeds. Rule is made
absolute to aforesaid extent. FIR being CR
No.11191033220039 of 2022 registered with
Meghaninagar Police Station, Ahmedabad, and
other consequential proceedings thereto against
present applicants are hereby quashed and set aside.
16. 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
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observation during the investigation as well as at the
course of trial. Direct service permitted.
(ILESH J. VORA,J)
P.S. JOSHI
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