Bhikhankhan Rustamkhan Pathan vs State Of Gujarat
2023 Latest Caselaw 4281 Guj

     R/CR.MA/3361/2014                             JUDGMENT DATED: 09/06/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL MISC.APPLICATION NO. 3361 of 2014


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE M. R. MENGDEY

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1      Whether Reporters of Local Papers may be allowed                Nos
       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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               BHIKHANKHAN RUSTAMKHAN PATHAN & 1 other(s)
                                Versus
                      STATE OF GUJARAT & 1 other(s)
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Appearance:
MR EE SAIYED(725) for the Applicant(s) No. 1,2
MR NASIR SAIYED(6145) for the Applicant(s) No. 1,2
MR DAKSHESH MEHTA(2430) for the Respondent(s) No. 2
MS. SHRUTI S. PATHAK, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                              Date : 09/06/2023

                             ORAL JUDGMENT

1. The present Application has been filed by the Applicants (Original Accused Nos. 5 & 6) under Section 482 of the Code of Criminal Procedure

R/CR.MA/3361/2014 JUDGMENT DATED: 09/06/2023

1973 for quashing of First Information Report being II-C.R. No. 31 of 2010 registered with Visnagar Police Station, District Mehsana.

2. The facts and circumstances leading to the filing the present Application are such that the present Respondent No.2 - Smt. Yasminabai had lodged the FIR in question against the present Applicants and other accused persons alleging offences punishable under Sections 498(A), 323, 504, 506(2), 114 of the Indian Penal Code and Section 135 of the B.P. Act.

3. It is the case of the Applicants that the Applicants herein happened to be the Uncle and Aunt (Masa & Masi) of the husband of Respondent No.2. As per the allegations, the Accused Persons were harassing the present Respondent No.2 for demand of dowry. The Applicants being the distant relatives of Respondent No.2 and since were residing separately, filed the present Application for quashing of the FIR.

4. This Court vide order dated 25.3.2014 has granted interim relief in favour of the present Applicants and that is how the Applicants are protected.

5. Today, learned Advocate Mr. Nasir Saiyed for the Applicants tendered Additional Affidavit of the Applicants inter alia contending that the Trial Court vide its judgment and order dated 25.11.2019 passed in Criminal Misc. Application No. 840 of 2010 has acquitted the other co-accused persons. Since the other co-accused persons who are the main accused in the present offence are ordered to be acquitted by the Trial Court, the present Application deserves to be allowed so far as the the Applicants are concerned. It is therefore submitted to allow the present Application.

6. Learned Advocate Mr. Dakshesh Mehta appearing for Respondent No.2 submits that necessary orders may be passed in view of the order of acquittal

R/CR.MA/3361/2014 JUDGMENT DATED: 09/06/2023

passed by the Trial Court. Learned APP has also submitted to pass necessary orders.

7. Heard learned Advocates for the parties and perused the record.

8. The Court of learned JMFC at Visnagar vide order dated 25.11.2019 passed in Criminal Misc. Application No. 840 of 2010 has ordered to acquit the other co-accused in the present FIR. Upon perusal of the said judgment, it appears that Respondent No.2 in her deposition before the Trial Court had stated that a minor verbal exchange had taken place between her and the accused persons and that the Accused had never demanded any dowry from her nor had they threatened her any time. It was on the basis of the said deposition that the Trial Court had acquitted the co-accused persons.

9. Considering the aforesaid facts and circumstances, the present Application is allowed. The FIR being II-C.R. No. 31of 2010 registered with Visnagar Police Station, Mehsana for the offences under Sections 498(A), 323, 504, 506(2), 114 of the Indian Penal Code and Section 135 of the B.P. Act, and all other consequential proceedings arising there from are hereby quashed and set aside so far as it relates to the present Applicant.

Rule is made absolute.

(M. R. MENGDEY,J) J.N.W