Gujarat High Court
Nareshbhai Bholabhai Shiyal vs State Of Gujarat on 17 February, 2025
NEUTRAL CITATION
R/CR.MA/3417/2025 ORDER DATED: 17/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 3417 of 2025
(FOR CONSENT QUASHING)
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NARESHBHAI BHOLABHAI SHIYAL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR MALAY S PATEL(8901) for the Applicant(s) No. 1
MR ALTAF U TELI(11994) for the Applicant(s) No. 1
MR ROHAN RAVAL APP for the Respondent(s) No. 1
MR NAYAN BARAIYA for Respondent No.2
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 17/02/2025
ORAL ORDER
1. With the consent of learned advocates appearing for the parties, present application is taken up for final disposal today.
2. Rule. Learned APP Mr. Rohan Raval for respondent no.1 and learned advocate, Mr. Nayan Baraiya for respondent no.2 waive service of notice of Rule.
3. 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.11198035240252/2024 registered with Mahuva Police Station, Bhavnagar for the offence punishable under Sections 363, 366 and 376(2)(J) (N) of the Indian Penal Code and under Sections 4, 6 and 8 of the POCSO Act and subsequent proceedings pursuant thereto.
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4. Heard learned advocate, Mr. Malay Patel for the applicant, learned APP Mr. Rohan Raval for respondent no.1 and learned advocate, Mr. Nayan Baraiya for respondent no.2, who is permitted to file his Vakalatnama in the Registry. I have also heard the respondent no.2 - complainant and the respondent no.3 - victim, who are present before this Court. Learned advocate, Mr. Baraiya identifies respondent nos.2 and 3 and confirms correctness and genuineness of the affidavit filed by them.
5. When the matter is called out, learned advocates appearing for the parties have submitted that now the dispute is amicably settled between the parties and, therefore, the respondent nos.2 and 3 have filed an affidavit before this Court, copies of which are placed on record. Upon making inquiry, the respondent no.2, who is present before this Court, has stated that she has settled the dispute with the present applicant and, therefore, if the impugned FIR is quashed, she has no objection. It is also pointed out that at the time of incident, the victim girl was minor, however on attaining the majority, the victim girl married with the applicant, copy of marriage certificate is produced on record. It is, therefore, urged that the present application may be allowed.
6. In view of the submissions canvassed by learned advocates for the parties, it is found out that Page 2 of 9 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 22:22:25 IST 2025 NEUTRAL CITATION R/CR.MA/3417/2025 ORDER DATED: 17/02/2025 undefined the impugned FIR has been lodged alleging inter alia about the abduction of minor daughter of the complainant. However, it is an admitted position of fact, which can be found out from the above facts, because of the love affair, the minor daughter of the complainant fled away with the applicant and now both have married and residing together happily and the complainant has also accepted the applicant as his son-in-law. Not only that, the complainant has also filed an affidavit before this Court giving her consent for quashment of the impugned FIR. Even the victim has also filed affidavit supporting the said fact.
7. Considering the above stated factual aspect, even if the allegations levelled in the FIR are taken at its face value, it cannot be said that the daughter of the complainant was abducted by the present applicant from lawful custody of the first informant i.e. her mother.
8. At this juncture, it would be appropriate to refer to the ratio laid down by the Apex Court in the case of Sangita Rani (Smt) alias Mehnazjahan v. State of Uttar Pradesh and another, reported in 1992 Suppl (1) SCC 715, wherein it has been held as under:
"That, in a situation where both the spouse are major, and there has been a valid marriage in accordance with law, and both of them are living together, the marriage should be sustained and nothing should be allowed to happen which would Page 3 of 9 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 22:22:25 IST 2025 NEUTRAL CITATION R/CR.MA/3417/2025 ORDER DATED: 17/02/2025 undefined affect that position. The Supreme Court had, in the facts of the said case, cautioned the parents to accept the situation and create no problem for the petitioner and her husband. It was observed that, ordinarily, the Court does not interfere at investigation stage in a criminal matter, but in the special facts indicated therein, it would be necessary to quash the pending investigation initiated by the father of the petitioner".
9. The Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P., reported in (2006) 5 SCC 475 observed as under :-
"17. The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severally punished. This is a free and democratic country, and once a Page 4 of 9 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 22:22:25 IST 2025 NEUTRAL CITATION R/CR.MA/3417/2025 ORDER DATED: 17/02/2025 undefined person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. We, therefore, direct that the administration / police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such treats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."
10. In catena of decisions, the Hon'ble Apex Court as well as this Court have held that inherent powers could be exercised by the High Court to give effect to an order under Cr.P.C.; to prevent of abuse of process of Court; and to otherwise secure ends of justice. Thus, considering the peculiar Page 5 of 9 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 22:22:25 IST 2025 NEUTRAL CITATION R/CR.MA/3417/2025 ORDER DATED: 17/02/2025 undefined facts and circumstances of present case, this Court is of the considered opinion that there is minimal chances of witnesses coming forward in support of the prosecution and chances of conviction appears to be remote and/or bleak. In such circumstances, it would be unnecessary harassment and futile attempt if the prosecution is allowed to continue.
11. I have also considered the 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. The Hon'ble Apex Court in the said judgment in case of Bhajan Lal (supra) has issued certain guidelines, which are required to be taken into consideration at the time of deciding quashing petition. The relevant para reads 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 Article 226 or the inherent powers u/s 482 of the Code of Criminal Procedure which we have extracted and reproduced above, the following categories of cases are given 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 Page 6 of 9 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 22:22:25 IST 2025 NEUTRAL CITATION R/CR.MA/3417/2025 ORDER DATED: 17/02/2025 undefined possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formula 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 F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 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;
(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 Page 7 of 9 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 22:22:25 IST 2025 NEUTRAL CITATION R/CR.MA/3417/2025 ORDER DATED: 17/02/2025 undefined Section 155(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, (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."
12. This Court would also like to place reliance upon the judgment of the Hon'ble Apex Court in case of S. Varadarajan Vs. State of Madras, reported in (1965) 1 SCR 243, wherein the Hon'ble Apex Court has expressed in detail as to what amounts to taking away and enticing the minor and as to when a young girl choses to leave the parental home on condition of her own volition with no element of Page 8 of 9 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 22:22:25 IST 2025 NEUTRAL CITATION R/CR.MA/3417/2025 ORDER DATED: 17/02/2025 undefined any enticement or taking away, the provision of Section 363 of the IPC would not be attracted.
13. Thus in view of the broad decisions and guidelines issued by the Hon'ble Apex Court in the aforesaid decision, which have been followed by the Hon'ble Supreme Court in subsequent decisions as well as by this Court from time to time and since now the dispute with reference to the impugned FIR is settled and resolved by and between parties, which is confirmed by the original complainant through her learned advocate as stated above, the continuation of proceedings would be futile exercise and any further continuation of proceedings would amount to abuse of process of law. It is true that at the time of commission of crime, the daughter of the complainant was minor, however on attaining the majority, she married with the applicant and now residing with the applicant. Thus considering the above facts of the case, the impugned FIR is required to be quashed and set aside.
14. Resultantly, this application is allowed. The impugned FIR being C.R.No.11198035240252/2024 registered with Mahuva Police Station, Bhavnagar and all other consequential proceedings arising out of said FIR are hereby quashed and set aside.
15. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(DIVYESH A. JOSHI, J.) Gautam Page 9 of 9 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Feb 18 2025 Downloaded on : Tue Feb 18 22:22:25 IST 2025