Kishorbhai Nanjibhai Babaria vs State Of Gujarat
2023 Latest Caselaw 7164 Guj

                                                                                 NEUTRAL CITATION




    R/CR.MA/19069/2014                            JUDGMENT DATED: 29/09/2023

                                                                                  undefined




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                    FIR/ORDER) NO. 19069 of 2014


FOR APPROVAL AND SIGNATURE:


HONOURABLE MRS. JUSTICE M. K. THAKKER

==========================================================

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 ?

==========================================================
                  KISHORBHAI NANJIBHAI BABARIA & 5 other(s)
                                  Versus
                       STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
MR PARESH H VAGHELA(3580) for the Applicant(s) No. 1,2,3,4,5,6
MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1,2,3,4,5,6
MS VISHWA PATEL, ADVOCATE FOR MR GAURAV CHUDASAMA(5660)
for the Respondent(s) No. 2
MS VRUNDA SHAH, APP PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                            Date : 29/09/2023

                            ORAL JUDGMENT

NEUTRAL CITATION

R/CR.MA/19069/2014 JUDGMENT DATED: 29/09/2023

undefined

1. This is an application filed under Section-482 of the

Cr.P.C. praying to quash and set aside the F.I.R. bearing C.R.

No.II-3034 of 2014 registered with the Una Police Station, Gir

- Somnath for the offences punishable under Sections-498A,

323 and 114 of I.P.C.

2. The facts of the case are that present petitioners, who is

husband, mother-in-law, 03 sister-in-law, brother-in-law made

an accused in the impugned FIR registered by the respondent

no.2 - wife alleging that the marriage of the petitioner no.1

and respondent no.2 - original complainant was solemnized

on 08.05.2007 at Kodinar, Junagadh and they had started

staying together at Mumbai in the joint family alongwith the

petitioner nos.2 to 6. Initially, for some period of time, the

marriage life was stated to be happy and thereafter, demand

of money was made for Rs.2,00,000/- to purchase the house at

Una from parents of complainant as the economic condition of

the parents was not so sound, the parents could not fulfill the

demand of the in-laws. Therefore, harassment and torturing

was started by the petitioners. The respondent no.2 was

forced to bring the money from the parents failing which the

NEUTRAL CITATION

R/CR.MA/19069/2014 JUDGMENT DATED: 29/09/2023

undefined

respondent no.2 mentally and physically was tortured. For

some period of time, the harassment was tolerated by the

respondent no.2 - complainant, however, on 02.10.2009, the

respondent no.2 kicked out from the house after being beaten

and the ornaments were taken and she was sent to the house

of the parents. With the aforesaid allegations, the FIR came to

be lodged on 14.02.2014, which is impugned before this

Court.

3. Learned advocate Mr. Paresh Vaghela appearing for the

petitioners submits that the FIR was delayed by 05 years and

the allegations, which are made in the FIR, are general in

nature. Mr. Vaghela, learned advocate further submits that

after being filed H.M.P. suit for divorce, this impugned FIR

was filed and in-fact, prior to the registration of the FIR, the

petitioner made an application before the police authority

apprehending alleged FIR and requesting that no any false

prosecution be initiated at the instance of the wife. Learned

advocate further submits that various proceedings were

initiated by the wife under the Domestic Violence Act and

under the IPC as well. Learned advocate further submitted

NEUTRAL CITATION

R/CR.MA/19069/2014 JUDGMENT DATED: 29/09/2023

undefined

that all the family members were implicated as an accused in

false prosecution by the wife. Learned advocate further

submits that there is no ingredients as alleged sections were

made out on plain reading of the FIR and therefore, prays to

quash the impugned FIR and to allow the petition.

4. On the other-hand, Ms. Vishwa Patel, learned advocate

for Mr. Gaurav Chudasama, learned advocate for the

respondent no.2 - original complainant submits that the

impugned FIR is result of the continuous harassment and

therefore, it cannot be said that there is delay in lodging FIR.

Learned advocate further submits that role of each accused

were narrated in the FIR. All the petitioners are staying in the

joint family and non-fulfilling the demand of money,

complainant was tortured and beaten by the husband and the

other family members. Learned advocate further submits that

after the registration of the FIR till date, she is living at the

mercy of the parents. Therefore, she prays to dismiss the

above mentioned petition.

5. The aforesaid submission was supported by the learned

NEUTRAL CITATION

R/CR.MA/19069/2014 JUDGMENT DATED: 29/09/2023

undefined

APP and in addition to that, learned APP Ms. Vrunda Shah

submits that after filing the petition, stay was granted by this

Court and as the investigation was stayed, at this stage,

interference would amount to throttling of the investigation

and therefore, prays not to interfere in the matter and dismiss

the petition.

6. Considering the submissions made by the learned

advocates appearing for the respective parties, it transpired

that the petitioner no.1, who is the husband, against whom

the allegation made in the FIR with regard to beating and

harassing on non-fulfilling of unlawful demand of money. The

petitioner no.1 - husband had driven out the wife from the

matrimonial house and forced to stay at the house of the

parents. After leaving wife at the house of parents, the

husband and other family members went to Mumbai and no

option left with the wife except to stay with the parents at her

parental house. This Court is of the view that by doing so, the

husband had harassed and tortured, which would amount to

cruelty provided under Section-498A of the Act. In view of the

same, this Court is of the opinion that when there is specific

NEUTRAL CITATION

R/CR.MA/19069/2014 JUDGMENT DATED: 29/09/2023

undefined

allegation against the husband in the impugned FIR, the same

is required to be investigated and the petition is required to

be dismissed.

7. With regard to allegation qua petitioner nos.2 to 6 is

concerned, bare reading of the FIR, it transpired that there is

no any specific allegation against each of the petitioners, the

same are general in nature. Therefore, this Court is of the

view that continuation of the impugned proceeding would

amount to abuse of process of law so far as the petitioner

nos.2 to 6 is concerned. Therefore, the petition is required to

be partly allowed qua the petitioner nos.2 to 6.

8. Resultantly, the F.I.R. bearing C.R. No.II-3034 of 2014

registered with the Una Police Station, Gir - Somnath is

hereby quashed qua the petitioner nos.2 to 6 and dismissed

qua the petitioner no.1. Rule is made absolute for the

aforesaid extent.

(M. K. THAKKER,J) A. B. VAGHELA