NEUTRAL CITATION
R/CR.MA/20531/2019 ORDER DATED: 11/10/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 20531 of 2019
With
R/CRIMINAL MISC.APPLICATION NO. 1567 of 2020
With
R/CRIMINAL MISC.APPLICATION NO. 18184 of 2019
==========================================================
CHETANBHAI MAHESHBHAI CHANDEGARA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR MAUNISH T PATHAK(5892) for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 11/10/2023
ORAL ORDER
1. Since all these petitions are filed against one complaint by different accused persons, they are taken up for hearing together and are disposed of by this common judgment. All these petitions are filed with a prayer to quash and set aside the complaint being C.R.No.I-140 of 2019 registered before "B" Division Police Station, Rajkot City, qua the present petitioners.
2. As per the facts of the case an FIR came to be filed by respondent No.2 (Ori. Complainant) being C.R.No.1-140 of 2019 on 30.7.2019 before "B" Division Police Station, Rajkot Page 1 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined City for offences punishable under Sections 306, 114 of Indian Penal code inter alia stating that he is residing along with his family at the address mentioned in the complaint and his younger sister Jagruti was working in Mahavir Imitation, Bhavnagar Road, Rajkot and on 9.4.2019, she died at that place and she has friendship with Anil Mochhi and Jagruti has lent amount to Anil by selling her golden chain.
It is further alleged in the complaint that on 9.4.2019 in the morning at 7.30 hours, sister of the complainant, Jagruti went to Mahavir Imitation for job and complainant also went for his job at around 3 to 4 O'clock, two persons came at the place of his job and told him that your sister is serious and she has been admitted in the government hospital and thereafter complainant went at Emergency Ward of government hospital and doctor informed him that your sister is under influence of poison and during the treatment she died. It is further alleged that one Chetan Padaliya informed to the complainant that sister of the complainant sold golden chain through him and gave money to Anil Mochhi. It is further alleged in the complaint that mother of the complainant also told him that Jagruti told that Anil along with his parents will come at our home and even before two days of the death of Jagruti, Anil informed her that he will come at her house. However, he did not come. It is further alleged in the complaint that Jagruti remained under tension Page 2 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined to recover money from Anil and she told to the complainant that now Anil refused to marry with me and also refused to give back money given to him. It is further alleged in the complaint that Narendrabhai, owner of Mahavir Imitation and Manager of Mahavir Imitation both has not paid salary to Jagruti and removed her from job and also both of them harassing her and Anil Mochhi has tempted Jagruti for marriage and refused to give back money borrowed from her and due to this she has committed suicide. With such allegations, the complaint came to be filed.
3. Mr.Dagli, learned advocate for the petitioner has submitted that on bare reading of the complaint, no offence is made out, more particularly, when it is a case of one sided love of the deceased towards one of the accused person viz. Anil Mochi. He has submitted that, therefore, due to some misunderstanding that has arisen on the part of the deceased, she has committed suicide. He has submitted that on bare reading of complaint, no offence is made out and no ingredients of Section 107 are satisfied. He submitted that there is no proximity with alleged incident and no role is attributed to present applicants and, at the best, it can be said that the deceased was having one side love towards Anil Mochi.
Page 3 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined 3.1 He has submitted that considering the settled position of law, unless and until ingredients of abatement to commit suicide are made out under Section 107, charge under Section 306 of IPC cannot be levelled against the accused persons. In view of the judgment in the case of Hansraj v. State of Haryana reported in 2004 (2) SSC 257, wherein Honourable Apex Court has defined and discussed abetment to commit suicide and further held that even in frequent quarrels between husband and the wife, some time involves physical assault on wife on account of husband's addiction to Bhang, no evidence directly to establish that the husband had either aided or instigated the deceased to commit suicide or enter into any conspiracy to aid her in committing suicide. He has also relied upon another decision in the case of Netai Dutt Vs. State of West Bengal reported in 2005 SCC page 659, wherein it is observed that there is absolutely no averment in the alleged suicide note that the present appellant had caused any harm to him or was in any way responsible for delay in paying salary to the deceased Pranavkumar. It seems that deceased was very much dissatisfied with the working condition at the working place but it may also be noticed that the deceased after his transfer in 1999 never joined the office at 160, B. L. Shah Road, Calcutta, and absented himself for a period of 2 years and the suicide took place on 16.2.2001, therefore, it cannot be said that present Page 4 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined appellant had in any way instigated the deceased to commit suicide or he was responsible for the suicide of Pranavkumar Nag.
3.2 He has further submitted that it is held time and again by the Hon'ble Court that an offence under Sec.306 cannot be prosecuted unless it satisfies the ingredients of abetment to commit suicide as defined under Sec. 107. It is submitted that this was also again considered by Hon'ble Apex Court in a case of G.M. Reddy Vs.State of Andhra Pradesh reported in 2010 SCW 337, wherein paragraph-7 the Hon'ble Apex court has considered as under:
"7. The word suicide in itself is nowhere defined in Indian Penal code. However its meaning and importance is well-known and requires no explanation. To sue means as "self" and "cide" killing. Thus implied to an act of self killing. In short, person commit suicide must commit it by himself irrespective of the means employed by him in achieving his object or killing himself.
8. Suicide by itself is not an offence under either English or Indian Criminal Law though at one time it was in England is in England the former law was of Page 5 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined the nature of being deterrent to believe as it provided penalties of two types;
(i) degradation of corpse of the deceased by burying it on the highway with a stake through its chest
(ii) forfeiture of the property of the deceased by State. The Hon'ble Apex Court has also considered the ingredient of offence under Sec.107 and thereafter has considered the various pronouncements of the apex court and held that human sensitivity of each individual differs from one to other and different people behaves differently in the same situation. The Hon'ble Apex court has also considered in paragraph-20.
...............
20. Abetment involves mentally frequent instigating a person or intentional aiding of a person in doing of thing. That a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.
21. The intention of the legislature and the ratio of the case decided by this Hon'ble Court is clear that in Page 6 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined order to convict a person under Sec.306 of IPC there has to be effect mentally to commit offence. It also requires an active or direct act which lead the deceased to commit suicide seeing no option. No application of this act must have been intended to or the deceased into such a position that he committed suicide."
3.3 He has also relied upon the decisions reported in 2005 (3) GLH 444, M.Arjunan v. State reported in 2019 (3) SCC
315. He has lastly relied upon decision in the case of Paramjeetsingh Chawala v. State of MP reported in 2007 Cri.L.J. 3343 and has submitted that considering the facts of present case and in view of settled legal position, present complaint may be quashed.
3.4 He has further submitted that the allegations made in the complaint are is not sufficient to implicate the present petitioners in the offences punishable under Section 306 and 114 of IPC. He therefore prays to allow these petitions, as the complaint is filed for the purpose of seeking vengeance of death of his sister by the complainant and continuation of the complaint will amount to abuse of process of law.
4. On the other hand, Mr.Maunish Pathak, learned advocate for the complainant has submitted that the Page 7 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined complainant is present before this Court. On earlier occasion also, the complainant was present before this Court. He has strongly opposed the submissions made by Mr.Dagli by submitting that prima facie material is found against the present petitioners, which connects at least Anil Mochi with the incident. He has also submitted that one Mr.Chetan Padaliya has informed the complainant that his sister has sold a golden chain to him and paid the amount to said Anil Mochi. These factors are relevant for consideration. He has further submitted that considering this fact, it can be said that there was some instigation or harassment caused by the accused-Anil Mochi and other persons who are named in the FIR and they have taken active participation in the commission of offence and, therefore, the contention raised by the petitioners cannot be accepted at this stage. He has also submitted that the petitioners can take these submissions as their defence during trial and prima facie ingredients of offence under Sections 306 and 114 of IPC are satisfied. He has relied upon a decision in the case of Mahendra K.C. v.
State of Karnataka and Another reported in (2022) 2 SSC
129.
5. Considering the papers of investigation, prima facie, it is found that there was no love affair between Anil Mochi and deceased Jagruti. It is found that Jagruti was having Page 8 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined one sided affection towards said Anil Mochi and as Anil Mochi was to marry with another lady, the deceased decided to leave that job. It is also found that the deceased Jagruti was paid the salary regularly by Mahavir Imitation and, therefore, there was no harassment from anywhere to the deceased.
6. Learned APP, Ms. Monali Bhatt, has accepted the submissions made by learned advocate for the complainant and submitted that prima facie case is made out against the present petitioners considering the allegations made in the complaint. She has, therefore, prayed to dismiss present petitions.
7. I have considered the rival submissions made by the parties. I have also considered the judgments cited at bar. I have also considered the provisions of sections 306, 107 and 114 of IPC which are as under:-
"107. Abetment of a thing.
A person abets the doing of a thing, who--
First.--Instigates any person to do that thing; or Secondly.--Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or Page 9 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.--Intentionally aids, by any act or illegal omission, the doing of that thing.
.................
114. Abettor present when offence is committed.
Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence. ...........
306. Abetment of suicide.
If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."
8. Considering the nature of allegations and considering the papers of investigation prima facie it reveals that though Jagruti has committed suicide by consuming poison, it seems that she was having some affection with Anil Mochi, which was one sided, and accused-Anil Mochi was not responding to her. He was to marry with another lady and, therefore, the Page 10 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined deceased Jagruti got frustrated and committed suicide. Prima facie there is no direct material which connects present petitioners with the offence and ingredients of Section 107 are not satisfied, therefore, it cannot be said that offence under Section 306 is made out in the facts of the present case against the accused persons.
9. There are allegations levelled against other two accused persons, however, there is nothing to support such allegations. It seems that considering the gravity of the offence at the relevant point of time the complaint was lodged under pressure from the relatives of the deceased.
Accordingly, the complaint is lodged and investigation is carried out, however, it transpires from investigation that there is no proximity of the accused with the unfortunate incident of suicide. It is true that the deceased was serving at Mahavir Imitation where Anil Mochi was also serving, however, that itself is not sufficient to connect him with the unfortunate incident.
10. In the case of Sanju v. State of Madhya Pradesh reported in 2002 (5) SCC 371 in paragraphs 12 and 13, it is observed as under:
"12. In Ramesh Kumar v. State of Chhattisgarh MANU/ Page 11 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined SC/0654/2001 : 2001 CriLJ 4724, this Court while considering the charge framed and the conviction for an offence under Section 306 I.P.C. on the basis of dying declaration recorded by an Executive Magistrate , in which she had stated that previously there had been quarrel between the deceased and her husband and on the day of occurrence she had a quarrel with her husband who had said that she could go wherever she wanted to go and that thereafter she had poured kerosene on herself and had set fire. Acquitting the accused this Court said:
"A word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation. If it transpires to the court that a victim committing suicide was hypersensitive to ordinary petulance, discord and differences in domestic life quite common to the society to which the victim belonged and such petulance, discord and differences were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the court should not be satisfied for basing a finding that the accused charged for abetting the offence of suicide should be found Page 12 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined guilty."
13. Reverting to the facts of the case, both the courts below have erroneously accepted the prosecution story that the suicide by the deceased is the direct result of the quarrel that had taken place on 25th July, 1998 wherein it is alleged that the appellant had used abusive language and had reportedly told the deceased 'to go and die'. For this, the courts relied on a statement of Shashi Bhushan, brother of the deceased, made under Section 161 Cr.P.C. when reportedly the deceased, after coming back from the house of the appellant, told him that the appellant had humiliated him and abused him with filthy words. The statement of Shashi Bhushan, recorded under Section 161 Cr.P.C. is annexed as annexure P-3 to this appeal and going through the statement, we find that he has not stated that the deceased had told him that the appellant had asked him 'to go and die'. Even if we accept the prosecution story that the appellant did tell the deceased 'to go and die', that itself does not constitute the ingredient of 'instigation'. The word 'instigate' denotes incitement or urging to do some drastic or unadvisable action or to stimulate or incite. Presence of mens rea, therefore, is the necessary concomitant of Page 13 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined instigation. It is common knowledge that the words uttered in a quarrel or in a spur of the moment cannot be taken to be uttered with mens rea. It is in a fit of anger and emotional. Secondly, the alleged abusive words, said to have been told to the deceased were on 25th July, 1998 ensued by quarrel. The deceased was found hanging on 27th July, 1998. Assuming that the deceased had taken the abusive language seriously, he had enough time in between to think over and reflect and, therefore, it cannot be said that the abusive language, which had been used by the appellant on 25th July, 1998 drived the deceased to commit suicide. Suicide by the deceased on 27 th July, 1998 is not proximate to the abusive language uttered by the appellant on 25th July, 1998. The fact that the deceased committed suicide on 27th July, 1998 would itself clearly pointed out that it is not the direct result of the quarrel taken place on 25th July, 1998 when it is alleged that the appellant had used the abusive language and also told the deceased to go and die. This fact had escaped notice of the courts below."
11. It is also relevant to refer to the judgment of a co-
ordinate Bench passed in Criminal Misc. Application No. 22198 of 2018, wherein it is observed as under:
Page 14 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined "9.2 I have also considered the fact that in respect of the very same FIR, while considering the merit of the matter, a co-ordinate Bench of this Court while considering the case of Nileshbhai Arvindbhai Gandhi in Criminal Misc. Application No.13010 of 2018. In paragraphs 11, 12, 13, 14 and 15 of the CAV judgment dated 17.2.2020, it is observed as under:
"11. To constitute an offence u/s 306 of the IPC, it has to be established that a person committed suicide and that such suicide was abetted by the accused. An offence u/s 306 would stand only if there is an "abetment" for the commission of the crime. The parameters of abetment have been stated in section 107 of the IPC. In order to prove that the accused abetted commission of suicide by a person, it has to be established that accused kept on irritating or annoying the deceased by words, deeds or willful omission or conduct which may even be a willful silence until the deceased reacted or pushed or forced the deceased by his deeds, words, or willful omission or conduct to make the deceased move forward in a direction and secondly that the accused had intention to Page 15 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined provoke, urge or encourage the deceased to commit suicide while acting in the manner noted above.
The definition of "abetment" as given in section 107 of the IPC not only includes instigation, but also intentional aiding by an illegal omission. 12 Bearing in mind the scope of provisions of sections 306 and 107 the IPC, if we analyzed the scrutinized the FIR and other material as it is, does not disclose with any qualified clarity to come to conclusive finding that the applicant's unassailable finding of culpability u/s 306 of the IPC. The material on record and facts of the case as asserted in the application do not indicate prima facie any act of cruelty or harassment mentally or physically so as to persistently/continuously provoke the deceased to take extreme steps with no other option. No such persistent or consistent applicant's conduct, which requires culpability, is found in the present case, more particularly, from the averments/allegations made in the FIR itself. The facts, as brought on record, clearly indicate that the contract between the applicant and the deceased came to be terminated on account of slowness of the work on 8.7.2013 and the deceased was paid the money Page 16 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined under work contract and such payment was made as far back as in the year 2013 itself. Such fact reflects in the TDS form No.16A and also in the ledger account of the deceased contractor. So, in absence of any contractual relationship between the parties, more particularly, applicant - original accused No.6 and the deceased during the interregnum period from the date of termination of contract till the date he committed suicide and in absence of any steps taken by the deceased to ventilate any grievance on the order of termination of contract or nonpayment of any money under the contract and in absence of any legal proceedings being filed or initiated by the deceased, there cannot be any instigation by the applicant. Apart from it, there is no proximity or reasonable link between the commission of suicide and act attributed to the applicant - original accused No.6.
13. Thus, bare reading of complaint does not reveal any instigation by the applicant herein in a manner, which can be said to have pushed the deceased to take extreme steps of ending of his life. The complaint does not mention any specific instance of any instigation or doing of any act by Page 17 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined the applicant, which can be said to cause any pressure upon the deceased so as to end his life. Thus, looking to the allegations made in the FIR vis-a-vis uncontroverted facts asserted and averred in the present petition u/s 482 of the Code of Criminal Procedure, 1973, there is no iota of evidence that the deceased ever visited the applicant's company for his alleged dues either immediately before the date of her husband committing suicide or even after termination of the work order till the date of suicide.
14. In light of this position and material on record, prima facie, no any case is made out to infer occurrence of any offence u/s 306 of the IPC, as alleged in the FIR and considering over all facts and circumstances of the case, present Criminal Misc. Application deserves to be accepted.
15. Resultantly, this application is allowed. Impugned F.I.R. being C.R.No.I-32 of 2018 registered with Vadodara Taluka Police Station for the offence u/s 306 and 114 of the IPC and other consequential proceedings arising out of the impugned FIR is hereby quashed and set aside Page 18 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined qua present applicant only. Rule is made absolute to the aforesaid extent. Direct service is permitted."
9.3 Considering the fact that in respect of identically situated person, a coordinate Bench has quashed the FIR and further proceedings by making the aforesaid observations, and therefore, the case of the applicant of Criminal Misc. Application No.14677 of 2018 would be squarely covered by the aforesaid CAV Judgment dated 17.2.2020 in the case of Nileshbhai Arvindbhai Gandhi. As far as the case of Rameshbhai Babubhai Patel, applicant of Criminal Misc. Application No.22198 of 2018 is concerned, it is alleged in the FIR that he was the one who uttered those words and instigated the deceased to commit suicide. Therefore, the case of Rameshbhai Babubhai Patel, applicant of Criminal Misc. Application No.22198 of 2018, is required to be examined in light of the observations made in paragraphs 12 and 13 of judgment of the Hon'ble Apex Court in the case of Sanju (supra) and it would make it abundantly clear that the case of the applicant of Criminal Misc. Application No.22198 of 2018 would be squarely covered by the judgment of the Hon'ble Apex Court in the case of Sanju (supra)."
Page 19 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined
12. Considering the above stated legal position and considering the fact that there is no evidence which connects present petitioners with the alleged offence under Section 107 and 306 of IPC, no prima facie case is made out against them. In view of the material available on record and considering the papers of investigation, I am of the opinion that continuation of the proceedings pursuant to the impugned complaint against the present petitioners will amount to abuse of process of law.
13. At this stage, this Court may refer to the observations of the 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 illustrated the cases wherein inherent powers under Section 482 of the Criminal Procedure Code could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice and observed as under:-
"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 Page 20 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023 NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined 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 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.
Page 21 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined (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 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."
Page 22 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined
14. It is also relevant to refer to the judgment of the Hon'ble Apex Court in the case of Inder Mohan Goswami and Another versus State of Uttaranchal reported in (2007) 12 SCC 1, more particularly para : 23 & 24 thereof, which read as under :
"23. This Court in a number of cases has laid down the scope and ambit of courts' powers under Sec. 482 CrPC. Every High Court has inherent power to act ex debito justitiae to do real and substantial justice, for the administration of which alone it exists, or to prevent abuse of the process of the court. Inherent power under Sec. 482 CrPC can be exercised:
[(i) to give effect to an order under the Code;] [(ii) to prevent abuse of the process of court, and] [(iii) to otherwise secure the ends of justice.]
24. Inherent powers under Sec. 482 CrPC though wide have to be exercised sparingly, carefully and with great caution and only when such exercise is justified by the tests specifically laid down in this section itself'. Authority of the court exists for the advancement of justice. If any abuse of the process leading to injustice is brought to the notice of the court, then the court would be justified in preventing injustice by invoking inherent powers in absence of specific provisions in the statute. Discussion of decided cases."Page 23 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023
NEUTRAL CITATION R/CR.MA/20531/2019 ORDER DATED: 11/10/2023 undefined
15. In view of above discussion, all these petitions are allowed. The impugned complaint C.R.No.I-140 of 2019 registered before "B" Division Police Station, Rajkot City, and all consequential proceedings arising therefrom are quashed and set aside so far present petitioners are concerned.
(SANDEEP N. BHATT,J) R.S. MALEK Page 24 of 24 Downloaded on : Fri Oct 13 20:40:08 IST 2023