Gujarat High Court
Minaben W/O. Maheshbhai Gamara vs State Of Gujarat on 4 April, 2025
NEUTRAL CITATION
R/CR.MA/15489/2017 ORDER DATED: 04/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 15489 of 2017
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MINABEN W/O. MAHESHBHAI GAMARA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR JAY AMBANI FOR MR ASHISH M DAGLI(2203) for the Applicant(s) No.
1
NOTICE SERVED for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 04/04/2025
ORAL ORDER
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the FIR being C.R.No.I-102 of 2017 registered with Aji Dam Police Station for the offences under Sections 325, 323, 504, 427, 114 of Indian Penal Code and all the consequential proceedings arising therefrom.
2. Seeking quashment of questioned FIR, learned advocate for the applicant submits that principal accused - Mahesh Gamara has expired and trial against him has been abated. After reading FIR, it is further submitted by learned advocate for the applicant that role of the present applicant is limited to catch hold complainant, who was allegedly beaten by Mahesh Gamara. Therefore, looking to the facts and circumstances, it is submitted that the applicant has not committed any offence as alleged in Page 1 of 3 Uploaded by SATISH C. VEMULLA(HC00206) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 22:25:24 IST 2025 NEUTRAL CITATION R/CR.MA/15489/2017 ORDER DATED: 04/04/2025 undefined the FIR. Therefore, it is submitted that impugned FIR may be quashed by allowing this application.
3. Learned APP while opposing present application would submit to pass necessary order for dismissing the application.
4. At the outset, I may refer to relevant portion of FIR, which reads as under (it is in Gujarati, for better understanding it is translated in English) :-
"Today at about quarter past eight in the morning I went to pick up Mr. Pratik Sharma residing at Street No. 3, Shree Ram Park situated near Bhavani Complex, Aajidem cross road, Rajkot Bhavnagar Highway Jain Derasar Road, Rajkot, in the aforesaid car vardhi given by my Company. Upon calling to Mr. Sharma on phone, he stated me that "wait near Shree Ram Street No. 3. I am coming." Upon stated so, I stood near the corner of Shree Ram Street No.3 with my car. At that time one person was going from there and asked me "why are you standing here?" I stated him that I have come here to pick up the Officer of the company and waiting for him. As he stated that "I am Mahesh Gamara. Get out from here", I told Mahesh Gamara to speak politely. Upon stated so to Mahesh Gamara, he got excited and used abusive words. He inflicted fist and kick blows, bashed me down and tore my shirt. Upon dragging me near his home and by opening the gate, he stated his wife to bring stick. His wife whom I can recognize by seeing her, but do not know her name, gave stick to him. He caused injuries to me by inflicting stick blows indiscriminately on my body and legs. His wife caught hold of me and Mahesh Gamara inflicted stick blows indiscriminately on my body and I sustained fracture on shin and ankle of my right leg. As I screamed, people of surrounding street gathered but no one came to intervene. Mahesh Gamara had broken the rear glass of my car and caused damage. I left from there and had put my car on the road. Upon calling 108 (ambulance), I came by it to Page 2 of 3 Uploaded by SATISH C. VEMULLA(HC00206) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 22:25:24 IST 2025 NEUTRAL CITATION R/CR.MA/15489/2017 ORDER DATED: 04/04/2025 undefined Government Hospital for treatment. I got primary treatment there and I am taking further treatment at G.T.Sheth Hospital at present. Therefore, it is my complaint to take legal action against this Mahesh Gamara and his wife."
5. What could be noticed on reading FIR that present applicant is wife of deceased - Mahesh Gamara. According to FIR, present applicant had caught hold of complainant, whereas, Mahesh has beaten complainant. Thus looking to role played by the applicant emerging from FIR, it does not establish offence under sections 325 and 504 of IPC.
6. In view of above and while taking assistance of judgment of Hon'ble Apex Court in the case of State of Haryana v. Bhajan Lal [1992 Suppl (1) SCC 335], more particularly, clause 1,3,5 and 7 of Paragraph No.102 thereof, the application deserves consideration.
7. In the result, the application is allowed. The impugned FIR being C.R.No.I-102 of 2017 registered with Aji Dam Police Station as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicant. Rule is made absolute. Direct service is permitted.
(J. C. DOSHI,J) SATISH Page 3 of 3 Uploaded by SATISH C. VEMULLA(HC00206) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 22:25:24 IST 2025