Gujarat High Court
Digvijaysinh Baghubha @ ... vs Samrathsinh @ Samjubha Danubha ... on 6 October, 2023
Bench: M. K. Thakker
NEUTRAL CITATION
R/CR.MA/18887/2014 JUDGMENT DATED: 06/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 18887 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 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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DIGVIJAYSINH BAGHUBHA @ ANIRUDHHSINH SARVAIYA & 1 other(s)
Versus
SAMRATHSINH @ SAMJUBHA DANUBHA JADEJA & 1 other(s)
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Appearance:
MR P B KHANDHERIA(5228) for the Applicant(s) No. 1,2
N J JHALA(7374) for the Applicant(s) No. 1,2
MR M R MOLAVI(3362) for the Respondent(s) No. 1
MS DIVYAGANA JHALA, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/10/2023
ORAL JUDGMENT
1. This is an application filed by the applicants - original
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accused, who are the father-in-law and mother-in-law praying
for quashing and setting aside the FIR being C.R. No.I-112 of
2014 registered with the Gondal City Police Station, Rajkot for
the offences punishable under Sections-498A, 306 1nd 114 of
the I.P.C.
2. It is the case of the prosecution that the complaint came
to be filed by the father of the deceased against the present
applicants as well as husband of the deceased on 29.08.2014.
It is alleged in the complaint that the marriage of the
daughter viz.Pratikshaba was solemnized on 26.02.2014 with
Jayrajsinh i.e. son of the present applicants. During the short
span of the marriage of six months, the daughter came to the
house of the parents for four times. It is alleged in the FIR
that on the fateful day of 29.08.2014, when the complainant
was at Dhoraji, he received a call from son of the brother-in-
law of the present applicant no.1 informing that the present
applicant no.1 had informed to make a call that the daughter
is not well and also, informed to immediately come to the
Gondal. On receiving the call, the complainant had informed
his wife and asked to inquire with regard to the health of the
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daughter. The wife informed the complainant that twice call
was made to the daughter, but it is not responded. The
complainant had informed his wife that he is coming
immediately to the Jam-Kandorana and wife was informed to
reach to Jam-Kandorana so that both can together reached at
the house of the deceased. When they were on the way, again,
a call was received from the father-in-law of elder daughter
viz. Sidhdhrajsinh and informed to come to the office, which is
situated at Gundala Chokdi Cross Road before reaching to the
house of the deceased. When the complainant reached to
Gundalal Cross Road, it was informed by Sidhdhrajsinh that
the daughter had committed suicide. The complainant
immediately reached to the house of the daughter, where
many people were gathered. On receiving the sad news, the
complainant had become unconscious and therefore, he was
admitted in the hospital. In the morning, the complainant had
insisted to see her daughter, therefore, he was taken to the
house of the daughter. Thereafter, they returned to the house,
when they were on the way, the son viz.Krishanpalsinh and
the Sarpanch viz.Raghuveersinh had informed that on the
mirror of the dressing table, the deceased had written with
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the lipstick that 'I Love You Jay' and thereafter, it is further
written that 'there is voice recording in my phone, please
listen to that'. On searching the mobile, Krishnapalsinh had
found the mobile nearby T.V. Cabinet at office room and when
they had listen the voice recording of the deceased, they
found that the husband was having an illicit relationship with
one Patel Girl and he always ignore the deceased and gave
harassment to the deceased on that ground. It is further
alleged that though the present applicants, who are father-in-
law and mother-in-law was having knowledge of the illicit
relationship of the son, they never restrained the son and
tried to make him understand. It is further alleged that
immediately after two months of the marriage, there was
injury on the hand of the daughter. On inquiring, the daughter
had not disclosed anything, but on hearing the voice message
of the daughter, it was found that earlier also, she had tried to
commit suicide by cutting her vein on hand and it was also
knowledge of the present applicants, but they had also hide
the same thing from the complainant and his wife. It was
alleged that the deceased has habit to write dairy of daily
routine and the son-in-law i.e. Jayrajsinh is having bad habit of
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moving outside during the night hours and consuming liquor
and the present applicants, who are the parents of the
husband, had never reprimanded to the son with regard to the
same. With the aforesaid allegations, the FIR came to be filed
with the alleged offence. The investigation was concluded and
chargesheet came to be filed. Hence, the FIR as well as
chargesheet is the subject matter of challenge before this
Court.
3. Heard the learned advocate Mr. P.B. Khanderia for the
applicants; learned advocate Mr. M.R. Molvi for the
respondent no.1 - original complainant and learned APP Ms.
Divyagana Jhala for the respondent no.2 - State.
4. Mr. P.B. Khanderia, learned advocate for the applicants
submits that the applicant no.1 is the father-in-law and the
applicant no.2 is the mother-in-law, were staying separately in
the same city viz. Gondel as the applicant no.1 was serving in
the State Reserve Police Force and a government quarter was
allotted to him. To show the same, a reliance was placed on
the certificate issued by the Battalion Quarter Master, S.R.P.
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Group-8 dated 01.09.2014, wherein, it is mentioned that the
applicant no.1 was serving as armed Police Constable at
Gondal and allotted room no.339 in the block no.29 in the
government quarter. Learned advocate Mr. Khanderia further
submits that there was no any allegation with regard to
abatement to commit suicide against the present applicants.
Only to pressurize and to harass the applicants, the impugned
FIR came to be filed. Learned advocate Mr. Khanderia further
submits that on minutely reading of the FIR, there was
general allegation against the present applicants and
therefore, continuation of the FIR is sheer abuse of process of
law and therefore, he prays to quash the proceedings. Mr.
Khanderia further relied upon the decision rendered by the
Hon'ble Apex Court in the case of Ghusabhai Raisangbhai
Chorasiya & Ors. Vs. State of Gujarat reported on 2015 STPL
(Web) 128 SC and submitted that mere extra-marital
relationship, even if proved, would be illegal and immoral, but
it would take a different character if the prosecution brings
some evidence on record to show that the accused had
conducted in such a manner to drive the wife to commit
suicide. He submitted that in absence of some acceptable
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evidence with regard to high decree of mental cruelty, which
may drive a woman to commit suicide, as alleged offence
cannot be said to have been committed. Mr. Khanderia,
learned advocate further relied on the decision rendered by
the Hon'ble Apex Court in the case of Kanchan Sharma Vs.
State of U.P. reported in 2021 (13) SCC 806 and submitted
that except the statement of deceased with regard to illicit
relationship, there is no other materials to show that the son
was maintaining any relation with the deceased and the
present applicants, who are the father-in-law and mother-in-
law of the deceased were falsely implicated without any basis
for the alleged offence under Section-306 of IPC, which would
amount to miscarriage of the justice and therefore, he prays
to quash the impugned FIR and the chargesheet.
5. On the other hand, learned advocate Mr. Molvi for the
respondent no.1 submits that the respondent - complainant
had filed an affidavit and stated that the averments made in
the application with regard to staying separately from the
deceased house, is not correct and true. Learned advocate
had placed reliance on the electricity bills and photographs of
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the quarter, from which, it transpired that the quarter is said
to be in a deteriorated condition and nobody can stay in the
said quarter, which is in the same vicinity of the Gondal. The
electricity bill, which is part of the reply had relied upon,
where it is mentioned that the electricity charges mentioned
in the bill, was only a meter charge and the fixed charge, no
consumption of the electricity was found. Therefore, learned
advocate Mr. Molvi submits that it is not correct to say that
they were staying separately. Learned advocate further
submits that the daughter had committed suicide within six
months of the marriage due to physically and mentally
tortured given by the applicants alongwith son. Learned
advocate further submits that with regard to bad habit of
moving outside during the night hours and consuming liquor
and maintaining illicit relationship with the other girl, the
applicants had never restricted son, which resulted into
extreme steps taken by the newly wedded daughter to put to
an end her life. Learned advocate further submits that during
the chargesheet, numbers of statements of the witnesses were
recorded. From there also, it is revealed that the present
applicants are also equally responsible for the death of
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daughter and therefore, he prays to dismiss the aforesaid
petition.
6. Learned APP has placed reliance on the report
submitted by the Police Inspector Mr. A.C. Damor, Gondal
City Police Station and submitted that during the
investigation, it is found that the deceased had written a note
on the mirror and the applicants had tried to remove the same
and there is sufficient material collected during the
investigation, which reveals the role of the applicants and
therefore, learned APP also submits that not to interfere with
the proceedings and prays to dismiss the application.
7. Considering the submissions made by the learned
advocate for the respective parties, it reveals that present
applicant no.1, who is the father-in-law, serving in the police
department in the same city and tried to project that from the
very day of marriage that they were staying in the government
quarter. Perusing the light-bill, the electricity charges and the
photographs, which are placed by the learned advocate for the
respondent suggestthat the certificate, which was issued by
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the Battalion Quarter Master, S.R.P. Group-8, is only with a
view to get clean chit from the present offence, as the
electricity charges were found to be have been zero
consumption and the photographs reveals that the building is
in the deteriorated condition and for that, no dispute was
raised by the learned advocate for the applicants. The newly
wedded girl, aged about 20 years had hanged herself at the
house due to continuation of harassment by the husband and
the in-laws, as husband was having the illicit relationship with
other girl, which was not restricted by the present applicants.
In-fact, from the statements, which is recorded during the
investigation, it is found that within short span of two months
of marriage, the girl had tried to cut her vein, fortunately, she
is survived and the applicants had hide the same things from
the parents of the deceased. The son, who is having the
numbers of bad habits i.e. moving outside during the night
hours, liquor addicted and maintaining the relationship with
the other girl, then it is pious duty of the parents to see that
the deceased aged 20 years be protected properly in the
house as the deceased had came from the paternal house with
many dreams and within short span of six months of marriage,
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the deceased had taken extreme steps to put an end to her
life. The present applicants, who are the in-laws, are equally
participated with the accused husband in abetting the
deceased to commit suicide and from the materials placed
during the charge-sheet, this Court finds that strong case is
made out for not interference with the proceedings. In-fact,
the suicide was committed with a short span of the marriage
life. Therefore, presumption under section-113A, would also
come into the play where it is found that the married lady had
committed suicide within a period of seven years from the
date of her marriage and if it is found that the husband or
relative of the husband abetted her to commit suicide, then
the presumption would be in favour of the prosecution. With
regard to the same, the judgment rendered by the Hon'ble
Apex Court in the case of Laxman Ram Mane Vs. State of
Maharashtra reported in 2010 (13) SCC 125 is required to be
considered, which is reproduced herein under:-
"Evidence Act, 1872 - S. 113A - Indian Penal Code, 1860 -
S. 34, 306, 498A - conviction under - abetment of suicide
- deceased was drowned in the river after about one and
a half years of her marriage - statements of PW 2, 3 and
4 clearly revealed that deceased was being harassed by
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appellant - held, an illicit relationship of a married man
with another woman would clearly amount to cruelty
within the meaning of S. 498A or could still be used as a
piece of evidence of harassment and misbehaviour of
appellant towards deceased - it is a case of suicide on
account of harassment meted out to the deceased - no
interference with the order of High Court - appeal
dismissed.
7. We are of the opinion that an illicit relationship of a
married man with another woman would clearly amount
to cruelty within the meaning of Section 498-A. Even
assuming for a moment that this did not amount to
cruelty within the meaning of Section 498-A it could still
be used as a piece of evidence of harassment and
misbehaviour of the appellant towards the deceased."
Therefore, this Court is of the opinion that applicants
required to be send for trial.
8. In view of the above, this Court finds that no
interference would be required in the present application.
Resultantly, the application is fail and the same is dismissed.
Rule is discharged. Interim relief, if any, granted earlier
stands vacated forthwith.
(M. K. THAKKER,J)
A. B. VAGHELA
