Vipankumar Hansraj Jain @ Bipin ... vs State Of Gujarat
2023 Latest Caselaw 5548 Guj

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    R/CR.MA/13762/2015                             JUDGMENT DATED: 02/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 13762 of 2015


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE J. C. DOSHI

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1     Whether Reporters of Local Papers may be allowed                 NO
      to see the judgment ?

2     To be referred to the Reporter or not ?                          NO

3     Whether their Lordships wish to see the fair copy                NO
      of the judgment ?

4     Whether this case involves a substantial question                NO
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                     VIPANKUMAR HANSRAJ JAIN & 1 other(s)
                                   Versus
                         STATE OF GUJARAT & 2 other(s)
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Appearance:
MR BHARAT T RAO(697) for the Applicant(s) No. 1,2
MR SP KOTIA(5687) for the Respondent(s) No. 3
MR RONAK RAVAL APP for the Respondent(s) No. 1,2
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    CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                               Date : 02/08/2023

                              ORAL JUDGMENT

At the outset, it may be noted that learned APP has invited the attention of this Court to the difference in the name of petitioner No.1 which is mentioned as "Shri Vipankumar Hansraj Jain" in the petition; whereas in the FIR it is mentioned as

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"Bipin Jain". To which learned Advocate for the petitioner submits that during the course of day he would tender the draft amendment and will amend the cause-title of the petition. Such draft amendment is allowed and necessary amendment in the cause-title be carried out.

2. By way of this petition, the petitioner seeks to quash the complaint being II-62 OF 2015 registered with Vartej Police Station for the offence punishable under Sections 506(2) and 114 of the Indian Penal Code at the instance of the respondent No.3.

3. The short facts of the case as is revealled from the complaint filed by respondent No.3 on 17/03/2015 are that he has purchased agricultural land bearing survey no.105 of Moje Vartej from accused on total sale consideration of Rs.18.00 Lakh and has paid Rs.2.00 Lakh towards the part of sale consideration in presence of late Mr.J T Dave. The agreement was within the knowledge of one Ramdevsinh, Padubha Khokhra Vala and Kulinbhai and Ashokbhai Haribhai Dodiya. It is further stated in the FIR that 15 to 20 days back at around 2:00 O'clock in the afternoon when the complainant alongwith Ramdevsinh Chandrasinh and Padubha Kokhravala were standing near the godown on the road side, the accused came there and passed threat to the life saying that "leave the land otherwise we will kill you."

4. Heard learned Advocates appearing for the respective parties.

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5. Learned Advocate for the petitioner has taken this Court through the documents annexed with the petition to submit that the petitioners are the registered title holder of the disputed land which was purchased from the erstwhile owner by paying the sale consideration. He has further submitted that one Mr.H M Gohil was claiming his possession and was also intercepting the sale-deed and therefore revenue as well as civil proceedings were initiated; however in both the proceedings said Mr.H M Gohil remains unsuccessful in getting any relief. Learned Advocate for the petitioners has further submitted that revenue as well as civil proceedings have clearly noted that present petitioners are in possession of the land in dispute. He has also submitted that FIR in question filed at the instance of respondent No.3 is a counter-blast to the FIR filed by brother of the accused against respondent No.3 before the Vartej Police Station being I-33 of 2015. Upon such submissions, learned Advocate for the petitioner submits that respondent No.3 is associate of Mr.H M Gohil and since Mr.H M Gohil lost on all count and at every front claiming possession in the disputed land, he has fore-fronted the present complaint as a counterblast. Lastly, he has submitted that the present complaint is nothing; but a sheer abuse of process of law as no ingredients of Section 506(2) of the IPC is satisfied and therefore, the FIR may be quashed and set aside.

6. Learned Advocate Mr. S P Kotiya appearing for respondent No.3 objected to the grant of relief prayed herein inter alia on the ground that the investigation is completed and charge-sheet is filed before the concerned Court where the trial is going on. He would further submit this Court would not hold mini trial at this juncture. Respondent No.3 has nothing to do with or any

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connection with Mr. H M Gohil; as respondent no.3 has purchased the captioned land from the accused and paid Rs.2.00 Lakh towards part of sale consideration. He has further submitted that total sale consideration which was agreed between the parties is of Rs.18.00 Lakh and this was an oral contract; but since the accused were not intending to execute the sale-deed; they have passed threat of dire consequence upon respondent no.3 if he will demand for execution of sale-deed. As such respondent no.3 has filed the FIR. He has submitted that the contention of the FIR can be tried and decided during the trial and respondent no.3 cannot be non-suited at this stage by quashing the FIR at threshold and therefore the present petition may be dismissed.

7. Learned APP Mr.Ronak Raval at his vehemence contended that since the investigation is over and charge-sheet is filed, this Court should not exercise the power under Section 482 of the Code to quash the FIR in question.

8. Having heard the learned Advocates appearing for both the sides at this juncture if the FIR is perused, it is in regards to the offence punishable under Section 506(2) of the IPC which reads thus:

"506. Punishment for criminal intimidation.--Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.--And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or

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1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both."

8.1 It is trite to note that criminal intimidation has been defined in Section 503 of the IPC which reads thus:

"503. Criminal intimidation.--Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation."

8.2 In order to prove the offence under Section 506(2), even at the prima facie stage, for the prosecution to prove the expression "with intent to cause alarm to that person ". This expression is material and important and touching the root of Section 506(2). A bare reading of the FIR does not indicate any such word which matches with the expression "with intent to cause alarm to that person". Further to be noted that FIR is filed after 15 to 20 days of the incident and no explanation has been offered. Another noticeable aspect is that against the present complainant FIR at page 46 was filed on 17/03/2015 and same has been followed by the subject FIR.

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9. What emanates from the above FIR is that the FIR being sought to be quashed is highly improbable and absurd. In the case of State of Haryana vs. Bhajan Lal [1992 Supp (1) SCC 335] wherein the categories of cases have been identified as to when the power under Section 482 can be exercised by this Court and the ratio laid down in the said case would squarely applicable to the facts of the present case. It is true that generally the Court in case of filing of the charge-sheet should not intercept the proceedings by holding the mini trial at this juncture of quashing FIR or exercise the powers under Section 482 of the CrPC. However, when FIR itself is amounting to sheer abuse of process of law, it cannot be permitted to roll out with further proceedings.

10. For the foregoing reasons; the petition succeeds. the complaint being II-62 OF 2015 registered with Vartej Police Station for the offence punishable under Sections 506(2) and 114 of the Indian Penal Code and all subsequent proceedings arising out thereof are quashed and set aside. It is made clear that the observations made herein is confined to only quashment of the FIR in question which shall not influence any other proceedings between the parties. Rule is made absolute to the aforesaid extent.

(J. C. DOSHI,J) sompura