Devendrakuverba W/O Sajjanbhai ... vs State Of Gujarat
2023 Latest Caselaw 6241 Guj

                                                                                  NEUTRAL CITATION




     R/CR.MA/15581/2014                           JUDGMENT DATED: 25/08/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL MISC.APPLICATION NO. 15581 of 2014


FOR APPROVAL AND SIGNATURE:


HONOURABLE MRS. JUSTICE M. K. THAKKER

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1      Whether Reporters of Local Papers may be allowed
       to see the judgment ?

2      To be referred to the Reporter or not ?

3      Whether their Lordships wish to see the fair copy
       of the judgment ?

4      Whether this case involves a substantial question
       of law as to the interpretation of the Constitution
       of India or any order made thereunder ?

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        DEVENDRAKUVERBA W/O SAJJANBHAI CHAUHAN & 1 other(s)
                             Versus
                  STATE OF GUJARAT & 1 other(s)
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 2
MS VRUNDA SHAH APP for the Respondent(s) No. 1
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    CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                              Date : 25/08/2023

                             ORAL JUDGMENT

1. This is an application filed by the applicant praying to

quash the FIR bearing I-C.R.No.69/2014 registered with Ghmbhoi

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Police Station, District: Sabarkantha for the offence punishable

under Sections 365, 323, 504, 506(2), 114 of the Indian Penal

Code and and Section 135 of the Gujarat Police Act.

2. It is the case of the prosecution that complainant, namely,

Kinjalkumar Patel, lodged an impugned FIR against one

Devendrakuvarba wife of Sajjansinh Chauhan and two other

unknown male person and one female person alleging that

before 3 months of lodging of FIR, complainant got married with

one Hiralben daughter of Sajjansinh Chauhan against the will and

wish of the relative of the Hiralben. On the day of the incident

that is on 9.8.2014, when the complainant was present in the

house along with her sister, Shaliniben and wife Hiralben around

4.30 p.m., mother of the wife, namely, Devendrakuvarba

Sajjansinh Chauhan, and other unknown persons mentioned in

the FIR, came in Maruti Car being No.GJ-09-M-654 and rushed to

the house and conveyed to the complainant that we have come

to pick the Hiralben to take her at Gota, which was denied by the

Hiralben However, Hiralben was dragged up to the car and on

being intervened by the complainant and his sister, one unknown

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person had assaulted the complainant by giving kick and fist

blow and showing the big knife, which was possessed by that

unknown person as well as the sword, which was possessed by

the another person having the height around 6 feet and holding

the hair of the sister had taken the wife forcefully in the car and

by abusing to the complainant and the sister, they had

kidnapped the wife, namely, Hiralben for which, the impugned

FIR came to be filed.

3. Heard the learned advocate, Mr.Ashish Dagli, for the

applicant and Ms.Vrunda Shah, learned APP for the State and the

cause list shows that though notice is served to the complainant,

he chosen not to appear.

4. Learned advocate Mr.Dagli for the applicant submits that

petitioner is falsely implicated in the FIR as the petitioner is the

mother of the Hiralben and the wife herself had left the house of

the complainant, who claims to be the husband and started

staying with the parents - present applicant.

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5. In fact the attention was drawn by the learned advocate on

the affidavit filed by the HIralben submitting that there was no

such marriage between the complainant and Hiralben

solemnized. The signature on the blank stamp paper was taken.

6. Learned advocate has also drawn the attention of the order

passed by the Hon'ble Divison Bench of this Court in Special

Criminal Application No.3259 of 2014, in a writ of Habeas Corpus

for the custody of the wife wherein, wife had disclosed that she

wants to stay with the parents and declined to join the company

of the complainant.

7.It is submitted by Mr.Dagli learned advocate for the applicant

that the Hiralben is staying with her natural guardian i.e. the

mother and father at her own wish and there is no any pressure

or any kind of fear on her and she being a major, she is free to

take her own a decision.

8. Learned advocate further submitted that on making a call

by Hiralben, the mother went to the house of the complainant

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where in the presence of husband, the daughter of the present

applicant had stated her willingness to come to house of the

parents and therefore, she left the place, and from the very day,

the wife, Hiralben, is staying with the parents in the address

shown in the FIR.

9. Mr.Dagli, learned advocate for the applicant submitted that

with a view to harass to the HIralben and the parents, this

vexatious complaint came to be filed with vague allegations and

without disclosing to the prima facie offence, requested to quash

the FIR.

10. Mr.Dagli, learned advocate for the applicant further

submits that even as on date, after the lodging of an FIR, there

was a divorce, which was taken place between the complainant

and Hiralben and at present, both had parted their ways and the

complainant is also not interested to proceed further with the FIR

and in view of the above circumstances, the continuation of the

proceedings would abuse of process of law and on that ground

also, learned advocate Mr.Dagli prays to quash the FIR.

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11. On the other hand, learned APP, Ms.Vrunda Shah, for the

State submits that statement recorded by the investigating

officer dated 10.07.2023 that namely, Kinjalkumar Patel stating

that after HIralben had declined to join the company of the

complainant in Habeas Corpus proceedings, they both had taken

divorce and HIarlben had also remarried with other person and

now, as they were settled in their individual life, complainant

does not want to proceed further. The statement dated

10.7.2023 is ordered to be taken on record.

12. Considering the submissions made by the learned advocate

for the respective parties, it transpires that after the wife of the

complainant intended to live with the parents and for that call

was made to the mother, in turn, mother had came to the house

of the complainant and took the daughter, namely, Hiralben to

the house of the parents. Looking to the allegations made in the

FIR, ie. Under Section 365 and other sections 323, 504, 506(2),

114 of the Indian Penal Code and and Section 135 of the Gujarat

Police Act for which the ingredients which is required is to

wrongfully confine, at a secret place. As mentioned in the FIR,

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the parents are staying at the address known and stated in the

FIR and wife who is major is also staying with the present for

which, it cannot be said that there is any illegal confinement to

the wife. In fact, on examining the order passed by the Division

Bench of this Court in a proceedings of a Habeas Corpus wherein

the wife had denied to join the company of the complainant,

appears that wife left the house of the complainant at her own.

13. Considering the above aspect, this Court finds that this is a

fit case wherein, inherent jurisdiction under section 482 is to be

exercised to prevent abuse of process of law and the Court and

therefore, this application is required to be allowed.

14. Resultantly, this application is allowed. FIR bearing I-

C.R.No.69/2014 registered with Ghmbhoi Police Station, District:

Sabarkantha for the offence punishable under Sections 365, 323,

504, 506(2), 114 of the Indian Penal Code and and Section 135 of

the Gujarat Police Act. and all consequential proceedings is

hereby quashed and set aside. Rule made absolute.

(M. K. THAKKER,J) ASHISH M. GADHIYA