NEUTRAL CITATION
R/CR.MA/1919/2014 ORDER DATED: 15/09/202
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 1919 of 2014
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ANANDIBEN KANTILAL BAROT
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR YV BRAHMBHATT(206) for the Applicant(s) No. 1
MR RAMNANDAN SINGH(1126) for the Respondent(s) No. 2
MS. DIVYAGNA JHALA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 15/09/2023
ORAL ORDER
1. Heard Mr. Y.V.Brahmbhatt, learned advocate for the applicant; Mr. Ramnandan Singh, learned advocate for the respondent No.2 - original complainant and Ms. Divyagna Jhala, learned advocate for the respondent No. 1
2. During the hearing of this application, Mr. Y.V.Brahmbhatt, learned advocate for the applicant has brought on record the judgement of the Session Case No. 182 of 2014. Trial was conducted against main accused Mr. Narendrakumar Kantilal Barot arising for the offence registered with Sardarnagar Police Station being I-CR No. 14 of 2014 for the offence punishable under Section 365, 376, 323, 506(1) and 114 of the India Penal Code. The certified copy of the judgment is taken on record.
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3. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") the applicant has prayed for quashing and setting aside FIR being I-CR No. 14 of 2014 registered with Sardarnagar Police Station for the offence punishable under Section 365, 376, 323, 506(1) and 114 of the India Penal Code as well as other consequential proceedings arising out of the aforesaid FIR qua the applicant herein.
4. Mr. Ramnandan Singh learned advocate for the respondent No.2- original complainant has also filed affidavit of the original complainant dated 24th March, 2014 but, produced on record on today i.e. on 15.9.2023 with the submission that even on today the deponent is reiterating the statement given on oath on that day. The affidavit is taken on record.
5. The brief facts of this case are as under:-
5.1 The respondent No.2 has filed FIR being I-CR No. 14 of 2014 registered with Sardarnagar Police Station for the offence punishable under Sections 365, 376, 323, 506(1), and 114 of the India Penal Code alleging that the complainant has strain relationship with her husband and they are living separately. The complainant is living with her two children and is running store at Sardarnagar. It is alleged that accused No.1 - Narendra Kantilal Barot was used to make the call on her mobile and ultimately accused No.1 entered into the relationship. However, she alleged that such relationship Page 2 of 6 Downloaded on : Thu Sep 21 20:32:42 IST 2023 NEUTRAL CITATION R/CR.MA/1919/2014 ORDER DATED: 15/09/202 3 undefined was under threat. She has further alleged in the FIR that physical relationship was also taken place between both of them at the private guest house under the pretext of love. But, later on quarrel took place between both of them on 25.10.2013 and the complaint was filed before the Sardarnagar Police Station being I-CR No. 357 of 2013 for the offence punishable under Sections 354, 509, 506(2) and 500 of the IPC. The accused Narendrabhai was released on anticipatory bail. It is alleged that thereafter, the accused has taken complainant forcibly at Village Udalpur and she was kept in one room and thereafter, she was taken to Nadiad and later on taken back to Ahmedabad to reach at Gandhnagar and again she was taken to Kiran Guest House. It is also alleged that she was subject to sexual assault against her wish in the said guest house. Therefore, the FIR being I-CR No. 14 of 2014 was registered before the Sardarnagar Police Station, Ahmedabad for the offence of rape and other alleged offences.
6. It is also submitted by learned advocate for the applicant that accused Narendra Kantilal Barot was acquitted by the learned Sessions Court. The said order has not been challenged by the original complainant or State before this Court. The said judgment and order acquitting the accused Narendra Kantilal Barot has attained finality. The findings recorded by the Sessions Court has also attained finality and said finding is also operating in favour of the present applicant Anandiben Kantilal Barot whose role is not Page 3 of 6 Downloaded on : Thu Sep 21 20:32:42 IST 2023 NEUTRAL CITATION R/CR.MA/1919/2014 ORDER DATED: 15/09/202 3 undefined alleged higher than that of the main accused in the impugned FIR.
7. Mr. Ramnandan Singh learned advocate for the original complainant is present before this Court and submits that the disputes is settled between the applicant and the original complainant. Se has no objection if the FIR is quashed and set aside by this Court. The original complainant has filed the affidavit inter alia containing the following statement on oath which reads as under:-
I, Narmadaben W/o. Arvindbhai Ganeshbhai Prajapati respondent No.2- original complainant, do hereby file the present affidavit in this application and state on oath as under :-
1. That I have filed FIR, being C.R. No.1-14 of 2014 for offences punishable under Sections 365, 323, 376, 506(1) and 114 of the Indian Penal Code before Sardarnagar Police Station, Ahmedabad.
2. That I had developed friendship with Narendra Kantilal Barot, and I had physical relation with Mr. Narendra Barot. However, there was change in his behaviour which I did not like and due to which I was unhappy with him and I had filed the FIR against him and also against his mother, i.e. present applicant.
3. I say and submit that my all misunderstanding is removed and now, I have no objection if the FIR against the present applicant as well as against Mr. Narendra Barot is quashed.
4. I am filing this affidavit out of my own will and volition and I am not doing it either for any consideration or under any pressure. However, I do not want to proceed any more against both of them.
5. I therefore, state that if the Hon'ble Court may be pleased to quash the complaint qua both the accused, i.e. the present applicant as well as accused No.1 Mr. Narendra Barot, I give my consent for that.
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Whatever stated hereinabove are true to the best of my knowledge, information and belief and I believe the same to be true and correct.
8. Ms. Divyagna Jhala, learned APP for the respondent -State in his utter fairness has submitted that the Court may pass necessary order.
9. It appears that the offence is serious but taking note of the aspect that the main accused has been acquitted by the Sessions Court and reasons recorded in the judgement has attained finality, neither the original complainant nor the State has challenged the said judgement and order. The finding arrived in the said judgement and order also operates in favour of the applicant, as her role alleged in FIR is much higher compare to main accused carrying FIR further would be abuse of the process of law.
10. Apt to note that the complainant has filed affidavit reproduced hereinabove, wherein she has clearly stated that she has filed the FIR in misunderstanding which is now removed. She has further submitted that she does not want to carry with the FIR and has concentrated in passing the appropriate order for quashing and setting aside the FIR qua the present applicant.
11. Having heard the learned counsel for the respective parties, considering the facts and circumstances arising out of the present applications as well as taking into consideration the decisions Page 5 of 6 Downloaded on : Thu Sep 21 20:32:42 IST 2023 NEUTRAL CITATION R/CR.MA/1919/2014 ORDER DATED: 15/09/202 3 undefined rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) as well as State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that further continuation of criminal proceedings in relation to the impugned FIR against the petitioner would be unnecessary harassment to the applicant. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and Court and hence, to secure the ends of justice, the impugned FIR and other consequential proceedings are required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.
12. Resultantly, this application is allowed. The impugned FIR being C.R.No.I-CR No. 14 of 2014 registered with Sardarnagar Police Station Dist. Ahmedabad filed against the present applicant is hereby quashed and set aside. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside. Accordingly, Rule is made absolute. Direct service is permitted.
(J. C. DOSHI,J) BEENA SHAH Page 6 of 6 Downloaded on : Thu Sep 21 20:32:42 IST 2023