Gujarat High Court
Kapilbhai Kantilal Dave vs State Of Gujarat on 24 July, 2025
NEUTRAL CITATION
R/CR.MA/9974/2014 ORDER DATED: 24/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 9974 of 2014
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KAPILBHAI KANTILAL DAVE & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR Y J PATEL(3985) for the Applicant(s) No. 1,2
NOTICE SERVED TO CONCERNED POLICE STATION for the
Respondent(s) No. 2
MR CHINTAN DAVE, PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 24/07/2025
ORAL ORDER
1. Heard, learned advocate Mr. Y. J. Patel appearing for the petitioners and learned Addl. Public Prosecutor Mr. Chintan Dave for the State. Respondent No.2 served but did not remain present.
2. The present petition is filed under Section 482 of the Criminal Procedure Code, 1973 (for short "Cr.P.C.") for quashment of offence under Sections 498(A), 323, 506(2) and 114 of the Indian Penal Code (for short "IPC") being registered as C.R.No.I-19 of 2014 with Mahila Police Station, Ahmedabad.
3. Mr. Y. J. Patel, learned advocate appearing for the petitioners submitted that the present petitioners are in-laws of the complainant. Learned advocate further submitted that accused No.1 - husband of the complainant has been acquitted by learned Trial Court in Criminal Case No. 1100179 of 2014.
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4. Perusal of judgment dated 20.10.2018 passed by learned Addl. Chief Metropolitan Magistrate Court No.11, Ahmedabad passed in Criminal Case No.1100179 of 2014, it appears that the complainant was not examined in the said case. In this regard specific query raised by this Court to learned advocate for the petitioners. Learned advocate for the petitioners submitted that as the compromise had arrived between the parties, as a result thereof, the complainant and her relatives chose not to depose before learned Trial Court in the said Criminal Case. Therefore, the Criminal Case ended into acquittal in favour of the main accused, thus, husband has been acquitted in the Criminal Case. Learned advocate Mr. Y. J. Patel also placed on record the divorce decree passed by the Family Court, Surendranagar, in Family Suit No.1 of 2021.
5. Aforesaid circumstances, indicate that continuation of FIR against the petitioner is abuse of process of law. Petitioners are family members of husband. Since, learned Trial Court recorded acquittal of husband, now trial against other family members is futile and vain process. Among the petitioners, petition No.1 has expired during the pendency of the petition. It is disclosed from the order dated 14.07.2023 passed by the coordinate bench. The death certificate of the petitioner No.1 is also on record to demonstrate that he has expired on 13.10.2018.
6. In the aforesaid circumstances, I pass the following order.
6.1. The petition as well as FIR being C.R.No.1-19 of 2014 Page 2 of 3 Uploaded by NITIN INDRAVADANMAKWANA(HCW0110) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 21:28:54 IST 2025 NEUTRAL CITATION R/CR.MA/9974/2014 ORDER DATED: 24/07/2025 undefined registered with Mahila Police Station, Ahmedabad, qua petitioner No.1 Kapilbhai Kantilal Dave stands abated.
6.2. The FIR being C.R.No.I-19 of 2014 registered with Mahila Police Station, Ahmedabad and consequential proceedings arising out of the said FIR is hereby quashed and set aside qua rest of the petitioner. Rule is made absolute.
(J. C. DOSHI,J) NITIN MAKWANA Page 3 of 3 Uploaded by NITIN INDRAVADANMAKWANA(HCW0110) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 21:28:54 IST 2025