NEUTRAL CITATION
R/CR.MA/13799/2015 ORDER DATED: 02/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 13799 of 2015
With
R/CRIMINAL MISC.APPLICATION NO. 15272 of 2015
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MANCHABEN PRAVINBHAI CHAUHAN & 1 other(s)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
DARSHIT R BRAHMBHATT(8011) for the Applicant(s) No. 1,2
MR VINOD M GAMARA(5910) for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 02/11/2023
ORAL ORDER
1. By way of these applications, the applicants are challenging the proceeding pursuant to the FIR registered at C.R.No.I-26 of 2015 dated 26.4.2015 under Sections 498A, 306, 506 and 114 of the Indian Penal Code with the Vaso Police Station, District : Kheda - Nadiad.
2. The brief facts of the prosecution case are such that accused No.1, by an instigation of accused No.2 to 5, harassed the deceased mentally and physically, by making quarrel for the house-hold chores and thereby compelled for suicide.
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3. Heard learned advocate Mr.Brahmbhatt for the applicants, learned advocate Mr.Gamara for respondent no.2 in Criminal Miscellaneous Application No.13799 of 2015 and learned APP Ms.Bhatt for respondent no.1-state. 3.1 Learned advocate Mr.Brahmbhatt for the applicants has drawn my attention to the papers of the chargesheet which is filed during the pendency of this application and though this Court has granted interim relief, not to proceed further pursuant to the FIR, however, it seems that the said order is not taken into consideration while the chargesheet is filed by the investigating agency. It is expected that such mistake will not be repeated by the concerned investigating officer in future.
3.2 He has further submitted that this Court has granted interim relief in the year 2015 and essentially, from the bare reading of the FIR, even on the perusal of the chargesheet, the allegations pertain to the continuous harassment - physical and mental torture are against the husband - Jayantibhai, who has expired during the pendency of these applications on 26.7.2023. Now, the remaining applicants are brother in law and sister in law of the deceased. From reading of the FIR, which is lodged by the mother of the deceased, whereby it is specifically stated that Page 2 of 7 Downloaded on : Mon Nov 06 20:37:16 IST 2023 NEUTRAL CITATION R/CR.MA/13799/2015 ORDER DATED: 02/11/2023 undefined the deceased was residing with the present applicants in early days of marriage and thereafter she has separated from the present applicants and residing separately with her husband. It transpires that due to some harassment on the part of the husband - Jayantibhai and in a particular day, when the marriage of near cousin of the deceased was arranged, the allegation in the complaint is that at the instance of the present applicants, her husband has not permitted her to attend the marriage and has given some mental and physical torture to the deceased and therefore, she has committed suicide. There is no direct allegation against any of the accused except instigation by the husband and that is also it is general in nature.
3.3 He has submitted that even the ingredients of Section 498A of the IPC are not satisfied looking to the allegations made in the FIR against the present applicants and ingredients of Section 306 read with Section 107 of IPC are not prima facie satisfied against the present applicants. The continuation of proceedings will amount to abuse of process of law. It is further submitted that even no statements are recorded of the independent neighbours by the investigation. The statements which are recorded, are of the near relatives of the deceased who have given similar nature of statements which are alleged in the FIR. He has further Page 3 of 7 Downloaded on : Mon Nov 06 20:37:16 IST 2023 NEUTRAL CITATION R/CR.MA/13799/2015 ORDER DATED: 02/11/2023 undefined submitted that there is no prior complaint lodged either before the police authority or before any NGO regarding any torture by the deceased or by any family members for the deceased. Therefore, considering the judgment of Preeti Gupta & Anr. V/s. State of Jharkhand & Anr., reported in (2017) 7 SCC 667 and considering the various judgments of the Hon'ble Apex Court and of this Court, prima facie ingredients of Sections 306 and 498A are not satisfied. He, therefore, submitted that this Court may quash the impugned FIR and the consequential proceedings, as the continuation of the proceedings will amount to abuse of process of law and undue harassment caused to the present applicants.
4. Per contra, learned APP Ms.Bhatt has strongly opposed the contentions raised by the applicants and submitted that prima facie material is found against the present applicants. From the statements of near relatives of the deceased, it transpires that the averments made in the FIR are supported. She has further submitted that now the charge- sheet is already filed during pendency of this application and the material which is available on record is required to tested by leading evidence during the course of trial and therefore, she has prayed that this Court may not exercise powers under Section 482 of the Code at this stage, as such powers should be exercised very sparingly. Page 4 of 7 Downloaded on : Mon Nov 06 20:37:16 IST 2023
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5. Learned advocate Mr.Gamara has also supported the contentions raised by learned APP and has submitted that when there is prima facie material available on the record and chargesheet is also filed, this Court may dismiss this application filed by the present applicants.
6. I have considered rival submissions made by the learned advocates for the respective parties. I have also considered the material produced on record, including the FIR which is filed for the offences punishable under Sections 306, 498A, 506, 114 and 107 of the IPC. Considering the tenor of the FIR, especially the allegations are made against Jayantilal, who happens to be the husband of the deceased, otherwise from the FIR itself, it transpires that the present applicants who happens to be brother-in-law and sister-in-law of the deceased, are residing separately from the deceased. Further, the incident has taken place as the deceased was not permitted to attend the marriage of near relative by the husband and the allegation due to instigation of the present applicants, the husband has not permitted the deceased to attend the function. Considering such allegation and considering the material available on the record, by way of chargesheet, the various statements which are recorded of the near relatives are also supporting the case of the prosecution Page 5 of 7 Downloaded on : Mon Nov 06 20:37:16 IST 2023 NEUTRAL CITATION R/CR.MA/13799/2015 ORDER DATED: 02/11/2023 undefined to the above extent and from the material available on record, it cannot be said that there is proximity between the incident and any act of accused and further that the ingredients which disclosed eminent instigation of the deceased was also missing qua the present applicants. Considering the judgment in the case of Preeti Gupta (supra) and considering the judgment of this Hon'ble Court in the case of Dipak Jayarm Viras versus State of Gujarat reported in 2023(0) JX(Guj) 376 and considering the settled legal position of law, now-a-days it is found that when such unfortunate incident happens, the entire family members of the in-laws are tried to implicate irrespective of any active participation of such members in the commission of such offence. Therefore, considering that aspect also and the Hon'ble Apex Court has also taken cognizance of such incident and observed that such practice can be deprecated and also directed the investigating agency to inquire in detail before registering such offence against all the family members. From the bare reading of FIR and evidence available on record, admittedly, the deceased was residing separately from the present applicants and except, general allegation about instigation by the husband of the deceased, no allegation is found against the present applicants and therefore, no ingredients of Section 306 and 498A of IPC are prima facie not satisfied and the present FIR which is filed Page 6 of 7 Downloaded on : Mon Nov 06 20:37:16 IST 2023 NEUTRAL CITATION R/CR.MA/13799/2015 ORDER DATED: 02/11/2023 undefined against the present applicants are considered as grudge against the present applicants as they are happen to be the brother in law and sister in law of the husband of the deceased. Therefore, considering the decisions of the State of Haryana V/s Bhajanlal & Ors. Reported in AIR 1992 SC
604. and Inder Mohan Goswami and Another versus State of Uttaranchal reported in (2007) 12 SCC 1, this is a fit case where the Court should exercise the discretion and inherent powers under Section 498A by allowing these applications by quashing the impugned FIR and consequential proceedings.
7. Resultantly, these applications are allowed. The impugned FIR being C.R.No.I-26 of 2015 registered with the Vaso Police Station, District : Kheda - Nadiad and all other consequential proceedings, if any, arising out of said FIR, qua the applicants, are hereby quashed and set aside. Direct service is permitted.
(SANDEEP N. BHATT,J) SRILATHA Page 7 of 7 Downloaded on : Mon Nov 06 20:37:16 IST 2023