Gujarat High Court
Patel Chetankumar Bharatkumar vs State Of Gujarat on 4 February, 2025
NEUTRAL CITATION
R/CR.MA/15972/2018 JUDGMENT DATED: 04/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 15972 of 2018
(FOR QUASHING & SET ASIDE FIR/ORDER)
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI : Sd/-
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Approved for Reporting Yes No
- √
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PATEL CHETANKUMAR BHARATKUMAR & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1,2,3
MR DIPESH K SONI(5381) for the Respondent(s) No. 2
MS RAKSHA S DIKSHIT(5568) for the Respondent(s) No. 2
MR SOAHAM JOSHI APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 04/02/2025
ORAL JUDGMENT
1. By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), the applicant prays for quashing and setting aside the FIR being C.R. No.I-4/2018 registered with Mahila Police Station, Chhotaudepur for the offence punishable under Sections 498A, 323, 504, 506(2) and 114 of the Indian Penal Code ("IPC" for short") and under Sections 3 and 4 of the Dowry Prohibition Act.
2. The allegations leveled in the impugned FIR in nutshell are as under, The accused no.1 is the husband, the accused Page 1 of 14 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 01:42:57 IST 2025 NEUTRAL CITATION R/CR.MA/15972/2018 JUDGMENT DATED: 04/02/2025 undefined no.2 is the father-in-law and the accused no.3 is the mother-in-law of the respondent no.2 herein respectively and after the marriage, the accused nos.2 and 3 used to instigate the accused no.1 against the respondent no.2, as a result of which, the accused no.1 used to give mental and physical torture to her and, thereafter, the accused had demanded Rs.30,00,000/- from the respondent no.2 for the purchase of shop at Mehsana and, thereafter, the accused have used abusive language and also threatened her to kill by sprinkling petrol and setting her ablaze. These are the some and substance of the FIR.
3. Heard learned advocate, Mr. Ravi Mandaliya for learned advocate, Mr. Pratik Barot for the applicants and learned APP Mr. Soaham Joshi for respondent no.1 - State of Gujarat. Learned advocate, Mr. Dipesh Soni Vyas has not remained present when the matter is called out.
4. Learned advocate submitted that the impugned FIR is nothing but a sheer abuse and misuse of process of law and is filed just to achieve ill-intention of the respondent no.2 as also to harass the applicants because no offence, as alleged, has been committed by the applicants. Learned advocate submitted that though it is alleged that the respondent no.2 was compelled to leave job, the said allegations are incorrect but in fact, the respondent no.2 was serving in the police department as Armed Police Constable and taking Page 2 of 14 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 01:42:57 IST 2025 NEUTRAL CITATION R/CR.MA/15972/2018 JUDGMENT DATED: 04/02/2025 undefined advantage of his post, she has lodged the impugned complainant, which is nothing but a misuse of his post and police machinery. Learned advocate submitted that if the Hon'ble Court would make a cursory glance upon the charges and accusation leveled against the applicants, in that event, it would be found out that no specific incident is mentioned with regard to committing mental and physical cruelty upon her and general, vague and sweeping allegations are leveled.
5. Learned advocate submitted that the marriage of the applicant no.1 with the respondent no.2 was solemnized on 19.04.2013 and, thereafter, she was kept well by the applicants but for the reasons best known, she left her matrimonial home and started residing at parental home but the allegations of desertion are not correct and are made with malafide intention. Learned advocate further submitted that if the allegations leveled against the applicants are accepted in its entirety, in that event, the respondent no.2 joined her service at Chhotaudepur, therefore, she was not living under one room with the applicants, therefore, there is no question of giving mental and physical harassment and/or cruelty upon her by the accused, which clearly goes on to show that absolute false and frivolous FIR has been lodged by her.
6. Learned advocate at this stage, has place reliance upon following decisions, Page 3 of 14 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 01:42:57 IST 2025 NEUTRAL CITATION R/CR.MA/15972/2018 JUDGMENT DATED: 04/02/2025 undefined (1) the judgment of the Hon'ble Supreme Court in case of Geeta Mehrotra & Anr. Vs. State of Uttar Pradesh & Anr., reported in (2012) 10 SCC 741;
(2) the judgment of this Hon'ble Court in case of Dipakbhai Ratilal Patel & Ors. Vs. State of Gujarat & Ors., reported in 2014 (3) GLH 788;
(3) the judgment of the Hon'ble Supreme Court in case of Preeti Gupta & Anr. Vs. State of Jharkhand & Anr., reported in 2010 (3) GLH 258;
7. Referring to the aforesaid decisions, it is submitted that the case of the applicant is squarely covered by those decisions. At this stage, learned advocate submitted that considering the principle of law laid down by the Hon'ble Apex Court in case of State of Haryana Vs. Bhajan Lal, reported in AIR 1992 SC 604 as well as in case of R.P. Kapur Vs. State of Punjab, reported in AIR 1960 SC 866 : 1960 Cri LJ 1239, the prosecution launched against the applicant is required to be quashed and set aside.
8. On the other hand, learned APP Mr. Joshi opposed the present application with a vehemence and submitted that specific allegations are leveled against each accused persons and prima facie basic and essential ingredients to constitute the offence against the applicant are made out. It is, therefore urged that pending this petition, the Page 4 of 14 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 01:42:57 IST 2025 NEUTRAL CITATION R/CR.MA/15972/2018 JUDGMENT DATED: 04/02/2025 undefined investigation was continued and the concerned Investigating Officer has recorded the statements of number of witnesses, which clearly goes on to show the involvement of the applicants in the commission of crime. It is, therefore, urged that the present application may not be entertained and it may be rejected.
9. Having heard learned advocates appearing for the parties and having considered the allegations leveled in the impugned FIR, it is found out that the marriage of the applicant no.1 with the respondent no.2 was solemnized and after the marriage, the respondent no.2 started residing with the applicants, however, at the instigation of the applicant nos.2 and 3, the applicant no.1 used to give mental and physical torture to her and also demand dowry from her by giving threats and, thereafter, she was driven out from her matrimonial home, which led to filing of the impugned FIR.
10. Before dwelling into the issue involved in the matter, I would like to refer to the decision of the Hon'ble Apex Court in the case of Achin Gupta Vs. State of Haryana & Anr., reported in (2024) 4 SC 347, wherein the Hon'ble Apex Court has observed and held as under:
"20. It is now well settled that the power under Section 482 of the Cr.P.C. has to be exercised sparingly, carefully and with caution, only where such exercise is Page 5 of 14 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 01:42:57 IST 2025 NEUTRAL CITATION R/CR.MA/15972/2018 JUDGMENT DATED: 04/02/2025 undefined justified by the tests laid down in the Section itself. It is also well settled that Section 482 of the Cr.P.C. does not confer any new power on the High Court but only saves the inherent power, which the Court possessed before the enactment of the Criminal Procedure Code. There are three circumstances under which the inherent jurisdiction may be exercised, namely (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.
11. In case of R.P. Kapur (supra) relied upon by learned advocate for the applicant, the Hon'ble Supreme Court has summarised some categories of cases where inherent power can, and should be exercised to quash the proceedings:
"(i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction.
(ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged.
(iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge."Page 6 of 14 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 01:42:57 IST 2025
NEUTRAL CITATION R/CR.MA/15972/2018 JUDGMENT DATED: 04/02/2025 undefined
12. Thus, the inherent powers can be exercised when the Court finds that the allegations levelled in the First Information Report or complaint do not constitute the offence as alleged. Here in the case on hand, as observed above merely general, vague and sweeping allegations have been made against the petitioners without bringing on record any specific instance. Moreover, the act is not witnessed by any independent and/or neutral witness. Prima facie it appears that, the dispute arose between the husband and wife due to marital discord, which is private in nature. Even the allegations levelled against the applicants do not prima facie disclose the involvement of the applicants in the alleged offence and general, vague and sweeping allegations are leveled in the impugned FIR without any specific instances. Merely based on the allegations of harassment and forced to leave job, the accused have been impleaded as accused. Except this, no any allegation is levelled. No entrustment of the property and no allegation of adultery to attract the provisions of Section 498A of the IPC.
13. At this stage, I would like to refer to the decision of the Hon'ble Supreme Court in case of Preeti Gupta (supra), upon which reliance has been placed by learned advocate for the applicant, wherein the Hon'ble Supreme Court has observed as under, "28. It is a matter of common knowledge that Page 7 of 14 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 01:42:57 IST 2025 NEUTRAL CITATION R/CR.MA/15972/2018 JUDGMENT DATED: 04/02/2025 undefined unfortunately matrimonial litigation is rapidly increasing in our country. All the courts in our country including this court are flooded with matrimonial cases. This clearly demonstrates discontent and unrest in the family life of a large number of people of the society.
29. The courts are receiving a large number of cases emanating from Section 498-A of the Indian Penal Code, 1860 which reads as under:-
"498-A - Husband or relative of husband of a woman subjecting her to cruelty -
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine."
14. So far allegations under Section 323 of the IPC is concerned, no any assault made by the applicant and therefore, the offence under Section 323 of the IPC is not made out.
15. So far as offence under Section 506 of IPC is concerned, the Hon'ble Apex Court in case of Mohammad Wajid & Anr. Vs. State of U.P. & Ors., reported in 2023 INSC 683, held that:-
"Indian Penal Code, 1860; Section 506 - Before an offence of criminal intimidation is made out, it must be established that Page 8 of 14 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 01:42:57 IST 2025 NEUTRAL CITATION R/CR.MA/15972/2018 JUDGMENT DATED: 04/02/2025 undefined the accused had an intention to cause alarm to the complainant. (Para 27)."
16. In view of the above, it appears that general, vague and sweeping allegations are made in the FIR and, therefore, no case is made out against applicants.
17. As could be seen from the allegations leveled in the impugned FIR that the applicants are facing charge of Section 498A of IPC, however bare perusal of the allegations levelled in the impugned FIR, ingredients of Section 498A are not made out. In this regard, it would be apposite to refer the decisions of the Apex Court in case of Abhishek Vs. State of Madhya Pradesh, reported in 2023 INSC 779 (Criminal Appeal No. 1457 of 2015) and in case of Achin Gupta Vs. State of Haryana & Anr., reported in 2024 INSC 369.
18. Thus in view of the aforesaid observations made by the Coordinate Bench of this Court in the aforesaid quashing petition, I am of the considered view that even if the allegations levelled against the applicant in the impugned FIR are taken at their face value and accepted in their entirety, keeping in view the facts of the present case and the penal provisions, they do not prima facie constitute any offence or make out a case against the accused persons, as per the parameters set out by the Hon'ble Apex Court in the case of Bhajan Lal (supra) and in the case of R.P. Kapur (supra). If it is the case of the Page 9 of 14 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 01:42:57 IST 2025 NEUTRAL CITATION R/CR.MA/15972/2018 JUDGMENT DATED: 04/02/2025 undefined complainant that prior to solemnization of the marriage, demand of dowry was made, in that event, she could have refused to enter into the marriage, which she has not done so. It is required to be noted that 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. It has also come on record from number of cases identical in nature that many times, the parents including the close relatives of the wife make a mountain out of a mole. Instead of salvaging the situation and making all possible endeavours to save the marriage, their action either due to ignorance or on account of sheer hatred towards the husband and his family members, brings about complete destruction of marriage on trivial issues. The first thing that comes in the mind of the wife, her parents and her relatives is the Police, as if the Police is the panacea of all evil. No sooner the matter reaches up to the Police, then even if there are fair chances of Page 10 of 14 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 01:42:57 IST 2025 NEUTRAL CITATION R/CR.MA/15972/2018 JUDGMENT DATED: 04/02/2025 undefined reconciliation between the spouses, they would get destroyed. The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other's fault to a certain bearable extent has to be inherent in every marriage. Petty quibbles, trifling differences are mundane matters and should not be exaggerated and blown out of proportion to destroy what is said to have been made in the heaven. The Court must appreciate that all quarrels must be weighed from that point of view in determining what constitutes cruelty in each particular case, always keeping in view the physical and mental conditions of the parties, their character and social status. A very technical and hyper sensitive approach would prove to be disastrous for the very institution of the marriage. In matrimonial disputes, the main sufferers are the children. The spouses fight with such venom in their heart that they do not think even for a second that if the marriage would come to an end, in that event, what will be the effect on their children and divorce plays a very dubious role so far as the upbringing of the children is concerned. The only reason why we are saying so is that instead of handling the whole issue delicately, the initiation of criminal proceedings would bring about nothing but hatred for each other. There may be cases of genuine ill-treatment and harassment by the husband and his family members towards the wife. The degree of such ill-
Page 11 of 14 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 01:42:57 IST 2025NEUTRAL CITATION R/CR.MA/15972/2018 JUDGMENT DATED: 04/02/2025 undefined treatment or harassment may vary. However, the Police machinery should be resorted to as a measure of last resort and that too in a very genuine case of cruelty and harassment. The Police machinery cannot be utilized for the purpose of holding the husband at ransom so that he could be squeezed by the wife at the instigation of her parents or relatives or friends. In all cases, where wife complains of harassment or ill- treatment, Section 498A of the IPC cannot be applied mechanically. No FIR is complete without Sections 323 and 506(2) of the IPC. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty. Thus all these facts are also required to be taken into consideration and taking all these facts in mind, I am of the view that the prosecution launched against the applicants deserves to be quashed and set aside.
19. Further, the scope and ambit of inherent powers of the Court under Section 482 CrPC or the extra- ordinary power under Article 226 of the Constitution of India, now stands well defined by series of judicial pronouncements. Undoubtedly, this Court has inherent power to do real and substantial justice, or to prevent abuse of the process of the Court. At the same time, the Court must be careful to see that its decision in Page 12 of 14 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 01:42:57 IST 2025 NEUTRAL CITATION R/CR.MA/15972/2018 JUDGMENT DATED: 04/02/2025 undefined exercise of this power is based on sound principles. The inherent power vested in the Court should not be exercised to stifle a legitimate prosecution. However, this Court can exercise its inherent power or extra-ordinary power if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the Court, or the ends of justice require that the proceeding ought to be quashed.
20. In view of the above, I am of considered view that without any specific instance or evidence, the applicants have been arraigned as accused only with an oblique motive. Over and above that the chances of an ultimate conviction of the applicants on the basis of the facts of the present case are bleak and therefore continuation of criminal prosecution against the applicant is nothing but sheer misuse of process of the Court. Therefore, if the proceedings are allowed to continue against the applicants, the same will be nothing short of abuse of process of law and travesty of justice, therefore, this is a fit case to exercise inherent power under Section 482 of the CrPC for quashing of criminal proceedings.
21. For the foregoing reasons and observations, present application is allowed. The impugned FIR being C.R. No.I-4/2018 registered with Mahila Police Station, Chhotaudepur as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside.
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22. Rule is made absolute. Direct service is permitted.
Sd/-
(DIVYESH A. JOSHI, J.) Gautam Page 14 of 14 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 01:42:57 IST 2025