Ramilaben Narubhai Bhabhor vs Lilaben Dineshbhai Mavi
2023 Latest Caselaw 4053 Guj

Citation : 2023 Latest Caselaw 4053 Guj
Judgement Date : 5 June, 2023

Gujarat High Court

Ramilaben Narubhai Bhabhor vs Lilaben Dineshbhai Mavi on 5 June, 2023

Bench: Sandeep N. Bhatt

     R/CR.MA/19958/2017                                        ORDER DATED: 05/06/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 19958 of 2017

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                        RAMILABEN NARUBHAI BHABHOR
                                   Versus
                     LILABEN DINESHBHAI MAVI & 1 other(s)
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Appearance:
MR. MR BUKHARI(6919) for the Applicant(s) No. 1
HCLS COMMITTEE(4998) for the Respondent(s) No. 1
MS. BHAVNA D ACHARYA(6406) for the Respondent(s) No. 1
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                  Date : 05/06/2023
                                   ORAL ORDER

1. This application is filed for seeking following reliefs:-

"7(A) This Application may kindly be admitted;

(B) Hon'ble Court may be pleased to quash and set- aside

the F.I.R. being CR No. II-81/2017 registered at Mahila

Police Station, Dahod for the offences punishable under

Sections 498A, 504, 506 and 114 of the Indian Penal Code:

© Pending admission, hearing and final disposal of this

Petition, this Hon'ble Court may be pleased to stay the

investigation qua the Petitioner with respect to F.I.R. being

CR No. II-81/2017 registered at Mahila Police Station,

Dahod.

R/CR.MA/19958/2017 ORDER DATED: 05/06/2023

(D) Hon'ble Court may be pleased to direct the Investigating

Officer of Mahila Police Station, Dahod not to arrest the

Petitioner till final disposal of this Petition;

(E) Any other and further relief as the Hon'ble Court may

deem just and proper may please be granted;"

2. Heard learned advocate Mr. M.R. Bukhari for the

applicant, learned advocate Ms. Bhavna Acharya for the

respondent No.1 and learned advocate Mr. Soaham Joshi

appearing for the respondent No.2 - State.

3. This application is essentially filed under the provisions

of Section 482 of the Criminal Procedure Code, 1973 by

praying for quashing and setting aside the F.I.R. being CR

No. II-81/2017 registered at Mahila Police Station, Dahod

lodged by respondent No.1 for the offences punishable under

Sections 498A, 504, 506 and 114 of the Indian Penal Code,

on the ground that Section 498A of the Indian Penal Code

cannot be applicable to the facts of the present case and

more particularly, when the applicant, who is not relative of

husband.

3. On perusal of the F.I.R., it reveals that one Lilaben

Dineshbhai Maki - respondent No.1 has filed the present

F.I.R. being CR No. II-81/2017 before Mahila Police Station,

R/CR.MA/19958/2017 ORDER DATED: 05/06/2023

Dahod by alleging that her husband as well as present

applicant has some love affair relation and therefore, she was

tortured mentally and she was driven out from her

matrimonial home by the accused No.1, who is not applicant

in this application.

4. Considering the tenor of the F.I.R., no other allegation

is made against the present applicant.

5.1 I have considered the provisions of Section 498A of the

Indian Penal Code, which reads as under.

"498A - Husband or relative of husband of a woman

subjecting her to cruelty.--Whoever, being the husband or

the relative of the husband of a woman, subjects such

woman to cruelty shall be punished with imprisonment for a

term which may extend to three years and shall also be

liable to fine.

Explanation.--For the purpose of this section, "cruelty"

means--

(a) any wilful conduct which is of such a nature as is likely

to drive the woman to commit suicide or to cause grave

injury or danger to life, limb or health (whether mental or

physical) of the woman; or

(b) harassment of the woman where such harassment is with

a view to coercing her or any person related to her to meet

any unlawful demand for any property or valuable security

R/CR.MA/19958/2017 ORDER DATED: 05/06/2023

or is on account of failure by her or any person related to

her to meet such demand."

5.2 I have considered the provisions of Section 504 of the

Indian Penal Code, which reads as under.

"504. Intentional insult with intent to provoke breach of the

peace.--Whoever intentionally insults, and thereby gives

provocation to any person, intending or knowing it to be

likely that such provocation will cause him to break the

public peace, or to commit any other offence, shall be

punished with imprisonment of either description for a term

which may extend to two years, or with fine, or with both."

5.3 I have considered the provisions of Section 506 of the

Indian Penal Code, which reads as under.

"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 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

R/CR.MA/19958/2017 ORDER DATED: 05/06/2023

which may extend to seven years, or with fine, or with

both."