Rameshbhai @ Vinodbhai Dhulabhai Salat vs State Of Gujarat
2024 Latest Caselaw 2904 Guj

Gujarat High Court

Rameshbhai @ Vinodbhai Dhulabhai Salat vs State Of Gujarat on 1 April, 2024

Author: Ilesh J. Vora

Bench: Ilesh J. Vora

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      R/CR.MA/1317/2022                                          ORDER DATED: 01/04/2024

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
      R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                     FIR/ORDER) NO. 1317 of 2022
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           RAMESHBHAI @ VINODBHAI DHULABHAI SALAT & ORS.
                              Versus
                     STATE OF GUJARAT & ANR.
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Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1,2,3,4
MS CM SHAH, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
                  Date : 01/04/2024
                   ORAL ORDER

1. By invoking inherent jurisdiction of this High Court under Section 482 of the Cr.P.C. the applicants - original accused have preferred this application whereby they are seeking quashment of Criminal Case No.106998/2019, pending before the Additional Chief Metropolitan Magistrate Court at Ahmedabad. Pursuant to the FIR, being No.I-56/2019, registered with Airport Police Station, Ahmedabad, for the offence punishabel under Section 498A, 323 and 114 of the IPC and Section 3 and 7 of the Dowry Prohibition Act, the Police has filed a charge-sheet against 4 persons who are husband and his relatives of the second respondent Rekhaben Salat.

2. Brief facts giving rise to the present application are that after marriage, the second respondent went to matrimonial home at Kapadvanj Kheda and after 10 years of the marriage life, the matrimonial dispute arose between the husband and

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wife. In 2017, as per the custom, the marriage was dissolved and since then she is living at her parental home and after 5 years of the dissolution of the marriage she lodged an FIR against the husband Vinodbhai, mother in law, sister in law and her husband inter alia alleging that during the marriage life she was subjected to cruelty mentally and physically and was asked to bring a cash amount from her father and on that aspect she was beaten and harassed by the husband and inlaws and when she could not brought the cash amount she was driven out from the home and since then she is living at parental home. The Police has commence the investigation and at the end of it the applicants were charge-sheeted for the aforesaid offences and same is pending for its adjudication before the Court concerned.

3. Mr. Vicky Mehta, learned counsel appearing for the applicants has submitted that the Criminal Proceedings after delay of 5 years and that too after dissolution of marriage, which is nothing but a sheer harassment and abuse of process of law and court. The allegations of cruelty and dowry are vague and general and no any specific date and time being disclosed and or mentioned in the FIR and nothing being found during the course of investigation that the wife was meted out the cruelty at the hands of the applicants. Thus, with oblique and ulterior motive the FIR being lodged and on

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reading of the charge-sheet case papers prim-facie no offence is made out against the applicants.

4. Thus, therefore, Mr. Mehta, prays that in order to prevent abuse of process of law and for ends of justice the proceedings may be quashed by exercising inherent powers of this Court.

5. The second respondent Rekha Salat despite service of rule she has chosen to not to remain present before this Court and throughout the proceedings she remained absent.

6. The learned APP Ms. C.M. Shah, has submitted that the factum of divorce has projected cannot be taken into consideration as nothing on record to show that marriage has been dissolve legally. Therefore, the factual aspect cannot be examined at this stage and let it be tested and examined before the trial Court.

7. The scope and power of the High Court to quash the first information report is well settled. The power under Section 482 of the Code has to be exercised sparingly and cautiously to prevent the abuse of process of Court and to secure the ends of justice. The High Court should refrain from giving a prima-facie decision, unless there are compelling circumstances to do so. Taking the allegations, as they are, without adding

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or subtracting anything, if no offence is made out, only then, the High Court would be justified in quashing the proceedings in the exercise of its power under Section 482 of the Cr.P.C.

8. The Apex Court in case of State of Haryana vs. Bhajan Lal reported in (1992) Supp 1 SCC 335 has laid down the guidelines that must be adhered to while exercising inherent powers under Sections 482 of the Code to quash the criminal proceedings. The relevant paragraph reads thus:

"102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised:

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do

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not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-

cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fides and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

9. Since the FIR in question emanates from matrimonial disputes. Recently, the Apex Court in case of Kahkashan

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Kausar @ Sonam & Ors. Vs. State of Bihar & Ors. reported in (2022) 6 SCC 599 held and observed that, in recent times, matrimonial litigation in the country has increased significantly which led in an increased tendency to employ provision such as 498A Indian Penal Code as instruments to settled personal scores against the husband and his relatives. In para-17 of the judgment, it is observed that:

"17. ..... this court has at numerous instances expressed concern over the misuse of section 498A IPC and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analyzing the long term ramifications of a trial on the complainant as well as the accused. It is further manifest from the said judgments that false implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law. Therefore, this court by way of its judgments has warned the courts from proceeding against the relatives and in-laws of the husband when no prima facie case is made out against them.".

10. Having regard to the facts and circumstances of the present case, and upon perusal of the allegations made in the FIR and charge-sheet case papers, this Court is of considered opinion that the initiation of criminal proceedings after a period of 5 years is a abuse of process of law and Court. In the FIR, no any explanation forth coming that why after decision to live separately, the cause would arise to lodge the FIR. The sister in law and her husband are living separately in the Kapadvanj town. The allegations of crulty and demand of

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cash amount being made in casual manner and no any specicif instances of the harassment as well as reasons for asking the wife to bring cash amount being disclosed. Thus, therefore, on plane reading of FIR and material in the form of charge-sheet case papers accepted as it, do not disclosed the offence alleged or make out any case against the applicants and continuation of the criminal proceedings would nothing but a sheer abuse of law and Court.

11. For the reasons recorded, this Court is convinced that, the implication of the applicants in the questioned FIR would amount to misuse of process of law and it is well settled that, the power under Section 482 has to be exercised by the High Court, inter-alia to prevent abuse of process of any court or otherwise to secure ends of justice and it is boundant duty of the constitutional Court to see that the criminal proceedings should not be encouraged, when it is found to be malafide or otherwise an abuse of process of the court.

12. For the aforementioned reasons, the case is fully covered by the categories (i) and (vii) as enumerated by the Apex Court in the case of State of Haryana Vs. Bhajanlal and therefore, this Court is convinced that the continuation of the criminal proceedings would be an abuse of process of the Court and law.

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13. Resultantly, the application succeeds. Rule is made absolute to aforesaid extend. FIR, being No.I-56/2019, registered with Airport Police Station, Ahmedabad, and other consequential proceedings thereto against present applicants are hereby quashed and set aside.

14. The observations made hereinabove are prima-facie in nature and confined to the adjudication of the present application. The investigation agency as well as the trial Court shall not get influence by the said observation during the investigation as well as at the course of trial. Direct service permitted.

(ILESH J. VORA,J)

Manoj Kumar Rai