NEUTRAL CITATION
R/CR.MA/15581/2014 JUDGMENT DATED: 25/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 15581 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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DEVENDRAKUVERBA W/O SAJJANBHAI CHAUHAN & 1 other(s)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 2
MS VRUNDA SHAH APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 25/08/2023
ORAL JUDGMENT
1. This is an application filed by the applicant praying to quash the FIR bearing I-C.R.No.69/2014 registered with Ghmbhoi Page 1 of 7 Downloaded on : Sun Sep 17 02:36:16 IST 2023 NEUTRAL CITATION R/CR.MA/15581/2014 JUDGMENT DATED: 25/08/2023 undefined Police Station, District: Sabarkantha for the offence punishable under Sections 365, 323, 504, 506(2), 114 of the Indian Penal Code and and Section 135 of the Gujarat Police Act.
2. It is the case of the prosecution that complainant, namely, Kinjalkumar Patel, lodged an impugned FIR against one Devendrakuvarba wife of Sajjansinh Chauhan and two other unknown male person and one female person alleging that before 3 months of lodging of FIR, complainant got married with one Hiralben daughter of Sajjansinh Chauhan against the will and wish of the relative of the Hiralben. On the day of the incident that is on 9.8.2014, when the complainant was present in the house along with her sister, Shaliniben and wife Hiralben around 4.30 p.m., mother of the wife, namely, Devendrakuvarba Sajjansinh Chauhan, and other unknown persons mentioned in the FIR, came in Maruti Car being No.GJ-09-M-654 and rushed to the house and conveyed to the complainant that we have come to pick the Hiralben to take her at Gota, which was denied by the Hiralben However, Hiralben was dragged up to the car and on being intervened by the complainant and his sister, one unknown Page 2 of 7 Downloaded on : Sun Sep 17 02:36:16 IST 2023 NEUTRAL CITATION R/CR.MA/15581/2014 JUDGMENT DATED: 25/08/2023 undefined person had assaulted the complainant by giving kick and fist blow and showing the big knife, which was possessed by that unknown person as well as the sword, which was possessed by the another person having the height around 6 feet and holding the hair of the sister had taken the wife forcefully in the car and by abusing to the complainant and the sister, they had kidnapped the wife, namely, Hiralben for which, the impugned FIR came to be filed.
3. Heard the learned advocate, Mr.Ashish Dagli, for the applicant and Ms.Vrunda Shah, learned APP for the State and the cause list shows that though notice is served to the complainant, he chosen not to appear.
4. Learned advocate Mr.Dagli for the applicant submits that petitioner is falsely implicated in the FIR as the petitioner is the mother of the Hiralben and the wife herself had left the house of the complainant, who claims to be the husband and started staying with the parents - present applicant. Page 3 of 7 Downloaded on : Sun Sep 17 02:36:16 IST 2023
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5. In fact the attention was drawn by the learned advocate on the affidavit filed by the HIralben submitting that there was no such marriage between the complainant and Hiralben solemnized. The signature on the blank stamp paper was taken.
6. Learned advocate has also drawn the attention of the order passed by the Hon'ble Divison Bench of this Court in Special Criminal Application No.3259 of 2014, in a writ of Habeas Corpus for the custody of the wife wherein, wife had disclosed that she wants to stay with the parents and declined to join the company of the complainant.
7.It is submitted by Mr.Dagli learned advocate for the applicant that the Hiralben is staying with her natural guardian i.e. the mother and father at her own wish and there is no any pressure or any kind of fear on her and she being a major, she is free to take her own a decision.
8. Learned advocate further submitted that on making a call by Hiralben, the mother went to the house of the complainant Page 4 of 7 Downloaded on : Sun Sep 17 02:36:16 IST 2023 NEUTRAL CITATION R/CR.MA/15581/2014 JUDGMENT DATED: 25/08/2023 undefined where in the presence of husband, the daughter of the present applicant had stated her willingness to come to house of the parents and therefore, she left the place, and from the very day, the wife, Hiralben, is staying with the parents in the address shown in the FIR.
9. Mr.Dagli, learned advocate for the applicant submitted that with a view to harass to the HIralben and the parents, this vexatious complaint came to be filed with vague allegations and without disclosing to the prima facie offence, requested to quash the FIR.
10. Mr.Dagli, learned advocate for the applicant further submits that even as on date, after the lodging of an FIR, there was a divorce, which was taken place between the complainant and Hiralben and at present, both had parted their ways and the complainant is also not interested to proceed further with the FIR and in view of the above circumstances, the continuation of the proceedings would abuse of process of law and on that ground also, learned advocate Mr.Dagli prays to quash the FIR. Page 5 of 7 Downloaded on : Sun Sep 17 02:36:16 IST 2023
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11. On the other hand, learned APP, Ms.Vrunda Shah, for the State submits that statement recorded by the investigating officer dated 10.07.2023 that namely, Kinjalkumar Patel stating that after HIralben had declined to join the company of the complainant in Habeas Corpus proceedings, they both had taken divorce and HIarlben had also remarried with other person and now, as they were settled in their individual life, complainant does not want to proceed further. The statement dated 10.7.2023 is ordered to be taken on record.
12. Considering the submissions made by the learned advocate for the respective parties, it transpires that after the wife of the complainant intended to live with the parents and for that call was made to the mother, in turn, mother had came to the house of the complainant and took the daughter, namely, Hiralben to the house of the parents. Looking to the allegations made in the FIR, ie. Under Section 365 and other sections 323, 504, 506(2), 114 of the Indian Penal Code and and Section 135 of the Gujarat Police Act for which the ingredients which is required is to wrongfully confine, at a secret place. As mentioned in the FIR, Page 6 of 7 Downloaded on : Sun Sep 17 02:36:16 IST 2023 NEUTRAL CITATION R/CR.MA/15581/2014 JUDGMENT DATED: 25/08/2023 undefined the parents are staying at the address known and stated in the FIR and wife who is major is also staying with the present for which, it cannot be said that there is any illegal confinement to the wife. In fact, on examining the order passed by the Division Bench of this Court in a proceedings of a Habeas Corpus wherein the wife had denied to join the company of the complainant, appears that wife left the house of the complainant at her own.
13. Considering the above aspect, this Court finds that this is a fit case wherein, inherent jurisdiction under section 482 is to be exercised to prevent abuse of process of law and the Court and therefore, this application is required to be allowed.
14. Resultantly, this application is allowed. FIR bearing I- C.R.No.69/2014 registered with Ghmbhoi Police Station, District: Sabarkantha for the offence punishable under Sections 365, 323, 504, 506(2), 114 of the Indian Penal Code and and Section 135 of the Gujarat Police Act. and all consequential proceedings is hereby quashed and set aside. Rule made absolute.
(M. K. THAKKER,J) ASHISH M. GADHIYA Page 7 of 7 Downloaded on : Sun Sep 17 02:36:16 IST 2023