NEUTRAL CITATION
R/CR.MA/1868/2021 ORDER DATED: 10/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 1868 of 2021
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SURENDRAKUMAR HUKAMCHAND GOEL
Versus
STATE OF GUJARAT
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Appearance:
MR NAUMAN QURESHI FOR MR SHAKEEL A QURESHI(1077) for the
Applicant(s) No. 1,2,3
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
RONITH JOY(9560) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 10/08/2023
ORAL ORDER
1. The present application is filed under Section 482 of the Code of Criminal Procedure, 1973 (`Code' for short) with a prayer to quash and set aside the FIR being C.R.No.11210031200097 of 2020 registered with Mahila Police Station, Surat for the offences punishable under Sections 498A, 323, 504, 114, 506(2) of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act and further proceedings arising out of the same qua the present applicants.
2. The facts of the case of the present applicants, as stated in the application are as under:- Page 1 of 9 Downloaded on : Sun Sep 17 01:01:41 IST 2023
NEUTRAL CITATION R/CR.MA/1868/2021 ORDER DATED: 10/08/2023 undefined 2.1 The applicants state that the respondent no.2-
complainant has married with accused no.1-Pankajbhai in the year 1994 i.e. before 26 years and out of wedlock two children were born, son aged about 25 years and daughter aged 20 years. The impugned complaint came to be filed by respondent no.1 on 4.11.2020 mainly alleging against accused no.1 who is husband that he was in illicit relationship with Jethani, sister-in-law and there were allegations regarding the dowry against the husband and in-laws. It is this complaint which is prayed to be quashed against the applicants.
3. Heard learned advocate Mr.Nauman Qureshi for the applicants and learned APP Mr.Jayswal for the respondent no.1 and learned advocate Mr.Joy for respondent no.2.
3.1. Learned advocate Mr.Qureshi for the applicants submitted that the applicant no.1 is a senior citizen aged about 85 years and residing in a village in UP and the respondent no.1 and her husband were residing in surat since 22 years; that the applicant nos.2 and 3 have also Page 2 of 9 Downloaded on : Sun Sep 17 01:01:41 IST 2023 NEUTRAL CITATION R/CR.MA/1868/2021 ORDER DATED: 10/08/2023 undefined never resided in Surat; that the accused no.1-husband of respondent no.2 has already been arrested and has been granted regular bail; that there are no specific allegations against the applicants; that for the incident of 4.3.1994, the impugned complaint is filed on 4.11.2020 i.e. after 26 years and there is nothing to explain the delay; that vague and general allegations are made against the applicants herein. He, therefore, prayed that the impugned FIR be quashed qua the applicants herein. 3.2 In support of his submission he has placed reliance in the case of Preeti Gupta & Anr. V/s. State of Jharkhand & Anr., reported in (2017) 7 SCC 667 and submitted that this is nothing but abuse of the process of law and therefore the impugned FIR is required to be quashed and set aside.
4. Per contra, learned APP Mr.Jayswal for respondent no.1 and learned advocate Mr.Roy for the respondent no.2 has submitted that considering the tenor of the FIR, prima facie, the ingredients of sections invoked in the complaint are made out. It is further submitted, from the affidavit-in-reply filed by respondent Page 3 of 9 Downloaded on : Sun Sep 17 01:01:41 IST 2023 NEUTRAL CITATION R/CR.MA/1868/2021 ORDER DATED: 10/08/2023 undefined no.2-complainant, that the ingredients of the sections invoked in the FIR are satisfied and therefore, this application may be dismissed. They, therefore, submitted that there is no case made out to interfere by exercising powers under Section 482 of the Code as it is a case for trial.
5. I have considered the rival submissions of the parties and also the FIR and other documents produced on record. It transpires that there are marital relations between the complainant and the accused no.1 since last about 26 years. That the complaint is filed in the year 2020 for the incidents which have stated to have been occurred from the year 1994. There is no explanation coming forth for such a long delay in filing the FIR in question. From the tenor of the FIR, the allegations are specifically alleged against the husband-accused no.1 and general and vague allegations are alleged against the present applicants. It is nowhere stated that the applicants stayed with the respondent no.2-complainant. The accused no.1-husband of the respondent no.2- complainant has been arrested and released on regular bail. The applicant no.1 is aged about 85 years, residing Page 4 of 9 Downloaded on : Sun Sep 17 01:01:41 IST 2023 NEUTRAL CITATION R/CR.MA/1868/2021 ORDER DATED: 10/08/2023 undefined in village, applicant nos.2 and 3 are also residing separately and there is no specific instance mentioned in the FIR regarding the torture by the applicants.
6. At this stage, it will be fruitful to mention the judgment of the Hon'ble Supreme Court in the case of Preeti Gupta & Anr. (supra), wherein it is observed in paragraph 33 thus:-
"33. The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find out the truth is a herculean task in majority of these complaints. The tendency of implicating husband and all his immediate relations is also not uncommon. At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment of husband's close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint are required to be scrutinized with great care and circumspection. Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in Page 5 of 9 Downloaded on : Sun Sep 17 01:01:41 IST 2023 NEUTRAL CITATION R/CR.MA/1868/2021 ORDER DATED: 10/08/2023 undefined the relationship amongst the parties. It is also a matter of common knowledge that in cases filed by the complainant if the husband or the husband's relations had to remain in jail even for a few days, it would ruin the chances of amicable settlement altogether. The process of suffering is extremely long and painful."
7. Further, it will also be fruitful to mention the judgment of Hon'ble Supreme Court in the case of State of Haryana V/s Bhajan Lal reported in AIR 1992 SC 604, wherein the Hon'ble Supreme Court has observed thus -
"In the backdrop of the interpretation of the various relevant provisions of the Code under Ch.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 Art.226 or the inherent powers under sec.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 Page 6 of 9 Downloaded on : Sun Sep 17 01:01:41 IST 2023 NEUTRAL CITATION R/CR.MA/1868/2021 ORDER DATED: 10/08/2023 undefined 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 sec.156(1) of the Code except under an order of a Magistrate within the purview of sec.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 sec.156(2) of the Code.
(5) Where the allegations made in the FIR or complaint are Page 7 of 9 Downloaded on : Sun Sep 17 01:01:41 IST 2023 NEUTRAL CITATION R/CR.MA/1868/2021 ORDER DATED: 10/08/2023 undefined 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 concerned Act (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 concerned Act, providing efficacious redress for the grievance of the aggrieved party.
(7) Where a criminal proceeding is manifestly attended with mala fide 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."
8. In view of the above and on perusing the contents of the FIR, it appears that the applicants are unnecessary roped in by the complainant and there are casual references made by her without allegations of active involvement and no specific instances are narrated by the complainant. No specific details are stated in the FIR and the allegations against the applicants who are father-in-law, sister-in-law and son of the sister-in-law Page 8 of 9 Downloaded on : Sun Sep 17 01:01:41 IST 2023 NEUTRAL CITATION R/CR.MA/1868/2021 ORDER DATED: 10/08/2023 undefined are also general and vague and are bereft of specific instances. There is no active involvement established of the applicants in meting out cruelty from the contents of the F.I.R.
9. In this view of the matter, this is a fit case to exercise the inherent powers under Section 482 of the Code. Accordingly, this application is allowed. The impugned FIR being C.R.No.11210031200097 of 2020 registered with Mahila Police Station, Surat, as well as subsequent proceedings, if any, arising out of the same FIR are hereby quashed and set aside qua the applicants. Rule is made absolute. Direct service is permitted.
(SANDEEP N. BHATT,J) SRILATHA Page 9 of 9 Downloaded on : Sun Sep 17 01:01:41 IST 2023