Gujarat High Court
Vinodkumar Navratan Oza vs State Of Gujarat on 4 December, 2025
NEUTRAL CITATION
R/CR.MA/16430/2025 ORDER DATED: 04/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 16430 of 2025
With
CRIMINAL MISC.APPLICATION (DIRECTION) NO. 1 of 2025
In R/CRIMINAL MISC.APPLICATION NO. 16430 of 2025
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VINODKUMAR NAVRATAN OZA & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
HARSHIT R PUROHIT(8385) for the Applicant(s) No. 1,2
NISHITH M PANDIT(8386) for the Applicant(s) No. 1,2
DARSH P DESAI(9048) for the Respondent(s) No. 2
MR RAJESH B DESAI(1216) for the Respondent(s) No. 2
MS. KRINA P. CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 04/12/2025
ORAL ORDER
Order In Criminal Misc. Application No. 16430 Of 2025
1. RULE returnable forthwith. Learned APP Ms. Krina Calla waives service of notice of rule for and on behalf of the respondent no. 1 - State and learned advocate Mr. Darsh Desai waives service of notice of rule for and on behalf of the respondent no.2 - original complainant.
2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Page 1 of 8 Uploaded by AMAR SINGH(HC01081) on Mon Dec 08 2025 Downloaded on : Sat Dec 20 00:30:42 IST 2025 NEUTRAL CITATION R/CR.MA/16430/2025 ORDER DATED: 04/12/2025 undefined applicants-accused, who are the in-laws of the complainant, seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No.11191065250479 lodged before the Narol Police Station, District Ahmedabad City, for the offences punishable under Sections 85, 296(b), 43 of the Bharatiya Nyaya Sanhita, 2023 as well as under Sections 3, 7 of the Dowry Prohibition Act.
3. Heard learned advocate Mr. Harshit Purohit appearing for the applicants-accused, learned advocate Mr.Darsh Desai appearing for the respondent no.2 - original complainant and learned APP Ms. Krina Calla appearing for the respondent no.1
- State.
4. Learned advocate Mr. Harshit Purohit appearing for the present applicants-accused has submitted that the FIR lodged by the victim/complainant is palpably false. There is not an iota of evidence to implicate the present applicants-accused herein with the alleged offence. He has further submitted that the victim/complainant has made general allegations against the applicants-accused, and no specific role has been attributed to the present applicants-accused. The impugned FIR, even if it is taken at its face value, could not even establish the offence as alleged in the FIR. Learned advocate Mr. Purohit has, therefore, urged that considering the above, the present application may be allowed and the impugned FIR may be quashed and set-aside Page 2 of 8 Uploaded by AMAR SINGH(HC01081) on Mon Dec 08 2025 Downloaded on : Sat Dec 20 00:30:42 IST 2025 NEUTRAL CITATION R/CR.MA/16430/2025 ORDER DATED: 04/12/2025 undefined qua the present applicants-accused.
5. Learned APP Ms. Krina Calla appearing for the respondent
- State has vehemently opposed the present application and has submitted that having regard to the gravamen and seriousness of the offence committed by the present applicants-accused, the present application may not be entertained and the same may be rejected.
6. Learned advocate Mr. Darsh Desai appearing for the victim / complainant, while strongly opposing the present application, has adopted the arguments canvassed by the learned APP for the respondent - State and has submitted that the present application may not be entertained and the same may be rejected.
7. On plain reading of the FIR, it appears that the applicants- accused, who are the father-in-law and mother-in-law of the victim/complainant, are residing separately at Bhilwara, Rajasthan, whereas the victim/complainant is residing at Bangalore. It further appears that the present complaint was filed by the complainant on 23.04.2025 and substantial allegations were levelled against the husband, who is not before this Court. As per the complaint, it is alleged by the complainant - wife that from the very next day of her marriage, Page 3 of 8 Uploaded by AMAR SINGH(HC01081) on Mon Dec 08 2025 Downloaded on : Sat Dec 20 00:30:42 IST 2025 NEUTRAL CITATION R/CR.MA/16430/2025 ORDER DATED: 04/12/2025 undefined her in-laws started torturing her and on 15.08.2024, she was driven out from her matrimonial home by her husband. It also appears that settlement talks were going on between the parties, and since no settlement was arrived at between the parties, the complainant has filed the impugned FIR.
8. It appears from the record that earlier on 08.12.2024, the complainant had filed a similar complaint before the Fatehpur Shekhawati Police Station in Rajasthan, which was later on withdrawn as settlement talks were going on. It further appears that a divorce petition was also filed by the husband of the complainant on 04.02.2025 before the Family Court, Bhilwara, and thereafter, on 23.04.2025, the complainant has filed the present complaint.
9. It prima facie appears that no specific instances of cruelty or torture exerted by the applicants upon the complainant have been cited in the complaint, therefore, no ingredients of the offence punishable under Section 498A of Indian Penal Code are attracted qua the present applicants. It reflects from the FIR that the present complaint seems to have been filed by the complainant to exert pressure on the applicants-accused since no settlement has been arrived at regarding the matrimonial dispute between the complainant and her husband. It further appears from the FIR that the allegations made by the complainant in the FIR are general in nature and no specific role has been attributed to any of the applicants-accused.
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10. Having heard learned advocates appearing for the respective parties and having considered the arguments canvassed by them as well as taking into consideration the averments made in the application, this Court is of the opinion that there is hardly any likelihood of the applicants-accused being convicted on the face of such FIR. Thus, it appears that continuing further with the proceedings pursuant to the impugned FIR would be a futile exercise and the same would amount to abuse of process of law. Further, the same would put the parties to unnecessary harassment / hardships. Therefore, this Court is of the considered opinion that the matter requires consideration. Hence, to secure the ends of justice, the impugned FIR is required to be quashed and set-aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
11. This Court has also gone through the recent pronouncement of the Supreme Court in the case of Shobhit Kumar Mittal vs. State of Uttar Pradesh and another, reported in 2025 INSC 1152, wherein the Supreme Court has, in paragraphs-22 and 23, observed thus :
"22. Furthermore, at this juncture, we find it appropriate to quote the observations of this Court in Dara Lakshmi Narayana vs. State of Bihar, (2025) 3 SCC 735 wherein it was observed:
"27. A mere reference to the names of family members in a criminal case arising out of a matrimonial dispute, without specific allegations indicating their active involvement should be nipped in the bud. It is a well-recognised fact, borne out of Page 5 of 8 Uploaded by AMAR SINGH(HC01081) on Mon Dec 08 2025 Downloaded on : Sat Dec 20 00:30:42 IST 2025 NEUTRAL CITATION R/CR.MA/16430/2025 ORDER DATED: 04/12/2025 undefined judicial experience, that there is often a tendency to implicate all the members of the husband's family when domestic disputes arise out of a matrimonial discord. Such generalised and sweeping accusations unsupported by concrete evidence or particularised allegations cannot form the basis for criminal prosecution. Courts must exercise caution in such cases to prevent misuse of legal provisions and the legal process and avoid unnecessary harassment of innocent family members. We say so for the reason that while the complainant/respondent No.2 has made vague and omnibus allegations against the accused/appellant herein, she has failed to justify the same before this Court. Such actions would create significant divisions and distrust among people, while also placing an unnecessary strain on the judicial system, particularly criminal courts.
30. The inclusion of Section 498A of the IPC by way of an amendment was intended to curb cruelty inflicted on a woman by her husband and his family, ensuring swift intervention by the State. However, in recent years, as there have been a notable rise in matrimonial disputes across the country, accompanied by growing discord and tension within the institution of marriage, consequently, there has been a growing tendency to misuse provisions like Section 498A of the IPC as a tool for unleashing personal vendetta against the husband and his family by a wife. Making vague and generalised allegations during matrimonial conflicts, if not scrutinized, will lead to the misuse of legal processes and an encouragement for use of arm-twisting tactics by a wife and/or her family. Sometimes, recourse is taken to invoke Section 498A of the IPC against the husband and his family in order to seek compliance with the unreasonable demands of a wife. Consequently, this Court has, time and again, cautioned against prosecuting the husband and his family in the absence of a clear prima facie case against them.
31. We are not, for a moment, stating that any woman who has suffered cruelty in terms of what has been contemplated under Section 498A of the IPC should remain silent and forbear herself from making a complaint or initiating any criminal proceeding. That is not the intention of our aforesaid observations but we should not encourage a case like as in the present one, where as a counterblast to the petition for dissolution of marriage sought by the first appellant-husband of the second respondent herein, a complaint under Section Page 6 of 8 Uploaded by AMAR SINGH(HC01081) on Mon Dec 08 2025 Downloaded on : Sat Dec 20 00:30:42 IST 2025 NEUTRAL CITATION R/CR.MA/16430/2025 ORDER DATED: 04/12/2025 undefined 498A of the IPC is lodged by the latter. In fact, the insertion of the said provision is meant mainly for the protection of a woman who is subjected to cruelty in the matrimonial home primarily due to an unlawful demand for any property or valuable security in the form of dowry. However, sometimes it is misused as in the present case."
23. In the aforementioned facts of the case and keeping the judicial dicta rendered by this Court in mind, we find that the impugned order dated 27.02.2024 of the High Court ought to be set aside and is set aside. Consequently, FIR No.347 of 2023 dated 09.11.2023 lodged at Police Station Civil Lines, Meerut and all consequent proceedings initiated pursuant thereto stand quashed, only qua the accused/appellant herein."
12. This Court has considered the judgment of the Supreme Court in the case of Achin Gupta vs. State of Haryana and another, reported in 2024 INSC 369, wherein the Supreme Court has, in paragraph 25, observed thus :
"25. If a person is made to face a criminal trial on some general and sweeping allegations without bringing on record any specific instances of criminal conduct, it is nothing but abuse of the process of the court. The court owes a duty to subject the allegations levelled in the complaint to a thorough scrutiny to find out, prima facie, whether there is any grain of truth in the allegations or whether they are made only with the sole object of involving certain individuals in a criminal charge, more particularly when a prosecution arises from a matrimonial dispute.
13. In the result, the application is allowed. The First Information Report No. 11191065250479 lodged before the Narol Police Station, District Ahmedabad City, for the offences punishable under Sections 85, 296(b), 43 of the Bharatiya Nyaya Sanhita, 2023 as well as under Sections 3, 7 of the Dowry Page 7 of 8 Uploaded by AMAR SINGH(HC01081) on Mon Dec 08 2025 Downloaded on : Sat Dec 20 00:30:42 IST 2025 NEUTRAL CITATION R/CR.MA/16430/2025 ORDER DATED: 04/12/2025 undefined Prohibition Act, is hereby ordered to be quashed and set-aside qua the present applicants-accused. All other consequential proceedings arising pursuant thereto are also quashed and set- aside, qua the present applicants only.
14. Rule made absolute. Direct service is permitted.
Order In Cr.M.A. (Direction) No. 1 of 2025 In view of the order passed in the main application, the present Criminal Misc. Application No.1 of 2025 would not survive and the same stands disposed of accordingly.
(VIMAL K. VYAS, J) AMAR SINGH Page 8 of 8 Uploaded by AMAR SINGH(HC01081) on Mon Dec 08 2025 Downloaded on : Sat Dec 20 00:30:42 IST 2025