NEUTRAL CITATION
R/CR.MA/18887/2014 JUDGMENT DATED: 06/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 18887 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 NO
to see the judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the fair copy NO
of the judgment ?
4 Whether this case involves a substantial question NO
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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DIGVIJAYSINH BAGHUBHA @ ANIRUDHHSINH SARVAIYA & 1 other(s)
Versus
SAMRATHSINH @ SAMJUBHA DANUBHA JADEJA & 1 other(s)
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Appearance:
MR P B KHANDHERIA(5228) for the Applicant(s) No. 1,2
N J JHALA(7374) for the Applicant(s) No. 1,2
MR M R MOLAVI(3362) for the Respondent(s) No. 1
MS DIVYAGANA JHALA, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/10/2023
ORAL JUDGMENT
1. This is an application filed by the applicants - original Page 1 of 12 Downloaded on : Tue Oct 10 20:37:51 IST 2023 NEUTRAL CITATION R/CR.MA/18887/2014 JUDGMENT DATED: 06/10/2023 undefined accused, who are the father-in-law and mother-in-law praying for quashing and setting aside the FIR being C.R. No.I-112 of 2014 registered with the Gondal City Police Station, Rajkot for the offences punishable under Sections-498A, 306 1nd 114 of the I.P.C.
2. It is the case of the prosecution that the complaint came to be filed by the father of the deceased against the present applicants as well as husband of the deceased on 29.08.2014. It is alleged in the complaint that the marriage of the daughter viz.Pratikshaba was solemnized on 26.02.2014 with Jayrajsinh i.e. son of the present applicants. During the short span of the marriage of six months, the daughter came to the house of the parents for four times. It is alleged in the FIR that on the fateful day of 29.08.2014, when the complainant was at Dhoraji, he received a call from son of the brother-in- law of the present applicant no.1 informing that the present applicant no.1 had informed to make a call that the daughter is not well and also, informed to immediately come to the Gondal. On receiving the call, the complainant had informed his wife and asked to inquire with regard to the health of the Page 2 of 12 Downloaded on : Tue Oct 10 20:37:51 IST 2023 NEUTRAL CITATION R/CR.MA/18887/2014 JUDGMENT DATED: 06/10/2023 undefined daughter. The wife informed the complainant that twice call was made to the daughter, but it is not responded. The complainant had informed his wife that he is coming immediately to the Jam-Kandorana and wife was informed to reach to Jam-Kandorana so that both can together reached at the house of the deceased. When they were on the way, again, a call was received from the father-in-law of elder daughter viz. Sidhdhrajsinh and informed to come to the office, which is situated at Gundala Chokdi Cross Road before reaching to the house of the deceased. When the complainant reached to Gundalal Cross Road, it was informed by Sidhdhrajsinh that the daughter had committed suicide. The complainant immediately reached to the house of the daughter, where many people were gathered. On receiving the sad news, the complainant had become unconscious and therefore, he was admitted in the hospital. In the morning, the complainant had insisted to see her daughter, therefore, he was taken to the house of the daughter. Thereafter, they returned to the house, when they were on the way, the son viz.Krishanpalsinh and the Sarpanch viz.Raghuveersinh had informed that on the mirror of the dressing table, the deceased had written with Page 3 of 12 Downloaded on : Tue Oct 10 20:37:51 IST 2023 NEUTRAL CITATION R/CR.MA/18887/2014 JUDGMENT DATED: 06/10/2023 undefined the lipstick that 'I Love You Jay' and thereafter, it is further written that 'there is voice recording in my phone, please listen to that'. On searching the mobile, Krishnapalsinh had found the mobile nearby T.V. Cabinet at office room and when they had listen the voice recording of the deceased, they found that the husband was having an illicit relationship with one Patel Girl and he always ignore the deceased and gave harassment to the deceased on that ground. It is further alleged that though the present applicants, who are father-in- law and mother-in-law was having knowledge of the illicit relationship of the son, they never restrained the son and tried to make him understand. It is further alleged that immediately after two months of the marriage, there was injury on the hand of the daughter. On inquiring, the daughter had not disclosed anything, but on hearing the voice message of the daughter, it was found that earlier also, she had tried to commit suicide by cutting her vein on hand and it was also knowledge of the present applicants, but they had also hide the same thing from the complainant and his wife. It was alleged that the deceased has habit to write dairy of daily routine and the son-in-law i.e. Jayrajsinh is having bad habit of Page 4 of 12 Downloaded on : Tue Oct 10 20:37:51 IST 2023 NEUTRAL CITATION R/CR.MA/18887/2014 JUDGMENT DATED: 06/10/2023 undefined moving outside during the night hours and consuming liquor and the present applicants, who are the parents of the husband, had never reprimanded to the son with regard to the same. With the aforesaid allegations, the FIR came to be filed with the alleged offence. The investigation was concluded and chargesheet came to be filed. Hence, the FIR as well as chargesheet is the subject matter of challenge before this Court.
3. Heard the learned advocate Mr. P.B. Khanderia for the applicants; learned advocate Mr. M.R. Molvi for the respondent no.1 - original complainant and learned APP Ms. Divyagana Jhala for the respondent no.2 - State.
4. Mr. P.B. Khanderia, learned advocate for the applicants submits that the applicant no.1 is the father-in-law and the applicant no.2 is the mother-in-law, were staying separately in the same city viz. Gondel as the applicant no.1 was serving in the State Reserve Police Force and a government quarter was allotted to him. To show the same, a reliance was placed on the certificate issued by the Battalion Quarter Master, S.R.P. Page 5 of 12 Downloaded on : Tue Oct 10 20:37:51 IST 2023
NEUTRAL CITATION R/CR.MA/18887/2014 JUDGMENT DATED: 06/10/2023 undefined Group-8 dated 01.09.2014, wherein, it is mentioned that the applicant no.1 was serving as armed Police Constable at Gondal and allotted room no.339 in the block no.29 in the government quarter. Learned advocate Mr. Khanderia further submits that there was no any allegation with regard to abatement to commit suicide against the present applicants. Only to pressurize and to harass the applicants, the impugned FIR came to be filed. Learned advocate Mr. Khanderia further submits that on minutely reading of the FIR, there was general allegation against the present applicants and therefore, continuation of the FIR is sheer abuse of process of law and therefore, he prays to quash the proceedings. Mr. Khanderia further relied upon the decision rendered by the Hon'ble Apex Court in the case of Ghusabhai Raisangbhai Chorasiya & Ors. Vs. State of Gujarat reported on 2015 STPL (Web) 128 SC and submitted that mere extra-marital relationship, even if proved, would be illegal and immoral, but it would take a different character if the prosecution brings some evidence on record to show that the accused had conducted in such a manner to drive the wife to commit suicide. He submitted that in absence of some acceptable Page 6 of 12 Downloaded on : Tue Oct 10 20:37:51 IST 2023 NEUTRAL CITATION R/CR.MA/18887/2014 JUDGMENT DATED: 06/10/2023 undefined evidence with regard to high decree of mental cruelty, which may drive a woman to commit suicide, as alleged offence cannot be said to have been committed. Mr. Khanderia, learned advocate further relied on the decision rendered by the Hon'ble Apex Court in the case of Kanchan Sharma Vs. State of U.P. reported in 2021 (13) SCC 806 and submitted that except the statement of deceased with regard to illicit relationship, there is no other materials to show that the son was maintaining any relation with the deceased and the present applicants, who are the father-in-law and mother-in- law of the deceased were falsely implicated without any basis for the alleged offence under Section-306 of IPC, which would amount to miscarriage of the justice and therefore, he prays to quash the impugned FIR and the chargesheet.
5. On the other hand, learned advocate Mr. Molvi for the respondent no.1 submits that the respondent - complainant had filed an affidavit and stated that the averments made in the application with regard to staying separately from the deceased house, is not correct and true. Learned advocate had placed reliance on the electricity bills and photographs of Page 7 of 12 Downloaded on : Tue Oct 10 20:37:51 IST 2023 NEUTRAL CITATION R/CR.MA/18887/2014 JUDGMENT DATED: 06/10/2023 undefined the quarter, from which, it transpired that the quarter is said to be in a deteriorated condition and nobody can stay in the said quarter, which is in the same vicinity of the Gondal. The electricity bill, which is part of the reply had relied upon, where it is mentioned that the electricity charges mentioned in the bill, was only a meter charge and the fixed charge, no consumption of the electricity was found. Therefore, learned advocate Mr. Molvi submits that it is not correct to say that they were staying separately. Learned advocate further submits that the daughter had committed suicide within six months of the marriage due to physically and mentally tortured given by the applicants alongwith son. Learned advocate further submits that with regard to bad habit of moving outside during the night hours and consuming liquor and maintaining illicit relationship with the other girl, the applicants had never restricted son, which resulted into extreme steps taken by the newly wedded daughter to put to an end her life. Learned advocate further submits that during the chargesheet, numbers of statements of the witnesses were recorded. From there also, it is revealed that the present applicants are also equally responsible for the death of Page 8 of 12 Downloaded on : Tue Oct 10 20:37:51 IST 2023 NEUTRAL CITATION R/CR.MA/18887/2014 JUDGMENT DATED: 06/10/2023 undefined daughter and therefore, he prays to dismiss the aforesaid petition.
6. Learned APP has placed reliance on the report submitted by the Police Inspector Mr. A.C. Damor, Gondal City Police Station and submitted that during the investigation, it is found that the deceased had written a note on the mirror and the applicants had tried to remove the same and there is sufficient material collected during the investigation, which reveals the role of the applicants and therefore, learned APP also submits that not to interfere with the proceedings and prays to dismiss the application.
7. Considering the submissions made by the learned advocate for the respective parties, it reveals that present applicant no.1, who is the father-in-law, serving in the police department in the same city and tried to project that from the very day of marriage that they were staying in the government quarter. Perusing the light-bill, the electricity charges and the photographs, which are placed by the learned advocate for the respondent suggestthat the certificate, which was issued by Page 9 of 12 Downloaded on : Tue Oct 10 20:37:51 IST 2023 NEUTRAL CITATION R/CR.MA/18887/2014 JUDGMENT DATED: 06/10/2023 undefined the Battalion Quarter Master, S.R.P. Group-8, is only with a view to get clean chit from the present offence, as the electricity charges were found to be have been zero consumption and the photographs reveals that the building is in the deteriorated condition and for that, no dispute was raised by the learned advocate for the applicants. The newly wedded girl, aged about 20 years had hanged herself at the house due to continuation of harassment by the husband and the in-laws, as husband was having the illicit relationship with other girl, which was not restricted by the present applicants. In-fact, from the statements, which is recorded during the investigation, it is found that within short span of two months of marriage, the girl had tried to cut her vein, fortunately, she is survived and the applicants had hide the same things from the parents of the deceased. The son, who is having the numbers of bad habits i.e. moving outside during the night hours, liquor addicted and maintaining the relationship with the other girl, then it is pious duty of the parents to see that the deceased aged 20 years be protected properly in the house as the deceased had came from the paternal house with many dreams and within short span of six months of marriage, Page 10 of 12 Downloaded on : Tue Oct 10 20:37:51 IST 2023 NEUTRAL CITATION R/CR.MA/18887/2014 JUDGMENT DATED: 06/10/2023 undefined the deceased had taken extreme steps to put an end to her life. The present applicants, who are the in-laws, are equally participated with the accused husband in abetting the deceased to commit suicide and from the materials placed during the charge-sheet, this Court finds that strong case is made out for not interference with the proceedings. In-fact, the suicide was committed with a short span of the marriage life. Therefore, presumption under section-113A, would also come into the play where it is found that the married lady had committed suicide within a period of seven years from the date of her marriage and if it is found that the husband or relative of the husband abetted her to commit suicide, then the presumption would be in favour of the prosecution. With regard to the same, the judgment rendered by the Hon'ble Apex Court in the case of Laxman Ram Mane Vs. State of Maharashtra reported in 2010 (13) SCC 125 is required to be considered, which is reproduced herein under:-
"Evidence Act, 1872 - S. 113A - Indian Penal Code, 1860 - S. 34, 306, 498A - conviction under - abetment of suicide
- deceased was drowned in the river after about one and a half years of her marriage - statements of PW 2, 3 and 4 clearly revealed that deceased was being harassed by Page 11 of 12 Downloaded on : Tue Oct 10 20:37:51 IST 2023 NEUTRAL CITATION R/CR.MA/18887/2014 JUDGMENT DATED: 06/10/2023 undefined appellant - held, an illicit relationship of a married man with another woman would clearly amount to cruelty within the meaning of S. 498A or could still be used as a piece of evidence of harassment and misbehaviour of appellant towards deceased - it is a case of suicide on account of harassment meted out to the deceased - no interference with the order of High Court - appeal dismissed.
7. We are of the opinion that an illicit relationship of a married man with another woman would clearly amount to cruelty within the meaning of Section 498-A. Even assuming for a moment that this did not amount to cruelty within the meaning of Section 498-A it could still be used as a piece of evidence of harassment and misbehaviour of the appellant towards the deceased."
Therefore, this Court is of the opinion that applicants required to be send for trial.
8. In view of the above, this Court finds that no interference would be required in the present application. Resultantly, the application is fail and the same is dismissed. Rule is discharged. Interim relief, if any, granted earlier stands vacated forthwith.
(M. K. THAKKER,J) A. B. VAGHELA Page 12 of 12 Downloaded on : Tue Oct 10 20:37:51 IST 2023