Gujarat High Court
Sarojben D/O Amrutbhai Shrimali & W/O ... vs State Of Gujarat on 7 October, 2025
NEUTRAL CITATION
R/CR.MA/4002/2018 ORDER DATED: 07/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 4002 of 2018
With
R/CRIMINAL MISC.APPLICATION NO. 4540 of 2018
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SAROJBEN D/O AMRUTBHAI SHRIMALI & W/O KAMLESHKUMAR
PRAVINBHAI SWAMI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PUNAM G GADHVI(3724) for the Applicant(s) No. 1
VAISHALI J SHAH(8753) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
MR. SOAHAM JOSHI ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 07/10/2025
COMMON ORAL ORDER
The captioned petitions are rendered from the self same FIR and, hence,with the consent of learned advocates for the parties, the matter is taken up for hearing and decided analogasly.
1. Father-in-law and sister-in-law of the complainant are the petitioners seeking quashment of the FIR being registered I-CR No. 6 of 2018 registered at Mehsana 'A' division Police Station for the offences punishable under Sections 498(A), 114 of the Indian Penal Code and under Sections 3 and 7 of Dowry Prohibition Act and the charge sheet being a consequential proceeding.
Page 1 of 3 Uploaded by MARY VADAKKAN(HC00204) on Wed Oct 08 2025 Downloaded on : Thu Oct 09 00:56:01 IST 2025NEUTRAL CITATION R/CR.MA/4002/2018 ORDER DATED: 07/10/2025 undefined
2. During the argument of the matter learned advocate Ms. Punam Gadhvi placed on record the judgment and order passed by the learned Trial Court and brought to the notice of the Court that in Criminal Case No. 2140 of 2018 arise from the self same FIR wherein the husband and other relatives arraigned as accused were acquitted by the learned Trial Court after testing and evaluating the evidence on record, reasons of which are rendered in para 31 of the judgment and order. The reasons stated by the learned Trial Court acquitting the husband on the charges for the offence punishable under Sections 498A, 504, or 114 of the IPC and read with Section 3 and 4 of the Dowry Prohibition Act, equally applies to the role alleged to have been played by the petitioners.
3. Learned advocate Mr. Punam Gadhvi also referred to the judgment in the case of Kachanben Amrubhai Shrimali Vs. State of Gujarat in criminal Misc. Application No. 21406 of 2018 whereby the Coordinate Bench quashed the same FIR in relation to mother-in-law.
4. In the aforesaid peculiar facts though respondent No. 2 is not served, continuation of the proceeding against the petitioners would be abuse of process of law. When husband and other relatives are acquitted by learned Trial Court after testing and evaluating evidence on record and when the Coordinate Bench quashed the FIR qua mother-in-law Page 2 of 3 Uploaded by MARY VADAKKAN(HC00204) on Wed Oct 08 2025 Downloaded on : Thu Oct 09 00:56:01 IST 2025 NEUTRAL CITATION R/CR.MA/4002/2018 ORDER DATED: 07/10/2025 undefined since the role of the petitioners are similar or lesser to role played by mother-in-law, and much lesser than the role of the husband, this Court is of the considered opinion that the petition deserves consideration and requires to be allowed.
4.1. Both the judgments referred herein above are taken on record.
5. Both the petitions are allowed. The questioned FIR I- CR No. 6 of 2018 filed at Mehsana 'A' division Police Station and all the consequential proceedings arising therefrom qua the petitioners are quashed and set aside. Rule is made absolute to that extent.
5.1 Registry to maintain copy of the order in another petition.
(J. C. DOSHI,J) MARY VADAKKAN Page 3 of 3 Uploaded by MARY VADAKKAN(HC00204) on Wed Oct 08 2025 Downloaded on : Thu Oct 09 00:56:01 IST 2025