Sukhjitsingh Paramjitsingh Padda vs State Of Gujarat
2024 Latest Caselaw 3390 Guj

Gujarat High Court

Sukhjitsingh Paramjitsingh Padda vs State Of Gujarat on 18 April, 2024

Author: Ilesh J. Vora

Bench: Ilesh J. Vora

                                                                               NEUTRAL CITATION




     R/CR.MA/1592/2021                           ORDER DATED: 18/04/2024

                                                                                undefined




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                   FIR/ORDER) NO. 1592 of 2021

==========================================================
                    SUKHJITSINGH PARAMJITSINGH PADDA
                                  Versus
                        STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR PRAVIN GONDALIYA(1974) for the Applicant(s) No. 1
MS CM SHAH, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                             Date : 18/04/2024

                              ORAL ORDER

1. This quashing application under Section 482 of Cr.P.C. has been preferred by the original accused Sukhjeetsingh Padda, whereby he is seeking quashing of the FIR being C.R. No.11196012200826 of 2020 registered with Fatehganj Police Station, Vadodara City for the offence punishable under Sections 498A, 323, 506(2), 504 and 114 of the Indian Penal Code and Sections 3 and 7 of Dowry Prohibition Act.

2. This Court has heard learned counsel Mr. Pravin Gondaliya appearing for and on behalf of the applicant and Ms. C.M. Shah, learned Additional Public Prosecutor for the respondent-State. The second respondent-wife namely Kiranjeet Padaa, who has lodged the FIR, despite

NEUTRAL CITATION

R/CR.MA/1592/2021 ORDER DATED: 18/04/2024

undefined

of service of notice, has chosen to remain absent and throughout the proceedings, she did not remain present.

3. Brief facts giving rise to file present application are that, the applicant is the younger brother-in-law of the second respondent. The second respondent has lodged the aforesaid FIR for the offence of cruelty and demand of dowry against the husband, mother-in-law, father-in-law and brother-in-law, inter alia, alleging that despite of sufficient dowry given at the time of marriage as well as after marriage, she was harassed mentally and physically on each and every occasion by the husband and his relatives on the aspect of dowry. So far as applicant- brother-in-law is concerned, it is alleged that, she was threatened by the applicant by putting knife on her neck, whereby he aided and abated the husband in committing the act of cruelty.

4. Mr. Pravin Gondaliya, learned counsel appearing for the applicant has submitted that, except bald allegations, nothing being alleged against the applicant that he ever demanded or forced the wife to bring cash and other gold jwellery. Thus, therefore, it is submitted that, the applicant has been falsely implicated in the FIR and the continuation of the proceedings qua him would amount to sheer abuse of process of law and court.

5. On the other hand, the second respondent despite of

NEUTRAL CITATION

R/CR.MA/1592/2021 ORDER DATED: 18/04/2024

undefined

service of notice, did not contest the application.

6. The Apex Court in number of cases, has laid down the scope and ambit of Courts powers under Section 482 Cr.P.C. Every High Court has inherent power to act ex debito justitiae to do real and substantial justice for the administration of which alone exists or to prevent the abuse of process of court.

7. In State of Haryana Vs. Bhajan Lal, the Apex Court, after referring its various earlier judgments relating to the exercise of extraordinary power under Article 226 of the Constitution of India or the inherent powers under Section 482 Cr.P.C., laid down the categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of process of court or otherwise to secure the ends of justice. The said illustrations 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

NEUTRAL CITATION

R/CR.MA/1592/2021 ORDER DATED: 18/04/2024

undefined

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 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

NEUTRAL CITATION

R/CR.MA/1592/2021 ORDER DATED: 18/04/2024

undefined

ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

8. The present case arising out of matrimonial dispute. Recently, the Apex Court in Kahakasan Kausar @ Sonam Vs. State of Bihar (2022 Livelaw SC 141), after referring its earlier judgments namely Rajesh Sharma (2018 10 SCC

472), Geeta Mehrotra vs. State of U.P. (2012 10 SCC 741), K. Subbarao vs. State of Telangana (2018 14 SCC 452), held and observe that, the tendency of implicating husband and all his immediate relations is also not uncommon. The Courts have to extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with the matrimonial cases. The allegations of harassment of husband's close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of complaint are required to be scrutinized with great care and circumspection. The relative of the husband should not be dropped in on the basis of omnibus allegations unless specific instances of the involvement in the crime is made out. For lodging proper complaint, mere mentioning of relevant sections and language of sections are not sufficient. Particulars of offence committed by each accused and role played by them in committing that offence need to be stated.

NEUTRAL CITATION

R/CR.MA/1592/2021 ORDER DATED: 18/04/2024

undefined

9. Having regard to the facts and circumstances of the present case, the issue arise for consideration of this Court is whether the FIR and consequential proceedings thereto are liable to be quashed in exercise of inherent powers of this Court?

10. In the facts of present case, except bald allegations, nothing being alleged against the applicant that he aided and abated the husband and others in demanding the dowry and causing harm to the wife and abused her in any manner. In such circumstances, so far applicant is concerned, the allegation that, the wife was threatened by him by putting a knife on her neck seems to be false and improbable as at relevant time, he was pursuing higher studies at Poland and during his stay at India, it is highly improbable to accept the allegations made against him. In the recent judgment of the Apex Court delivered in case of Mohammad Wajid & Anr. vs. State of U.P. & Ors. (AIR 2023 SC 3784), in an identical case, it was observed and held that, in a frivolous and vexatious proceeding court owes duty to look into FIR with care and little more closely. We say so because once the complainant decides to proceed against the accused with an ulterior motive, then, he would ensure that, the FIR is very well drafted with all necessary pleadings an thus, the court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and

NEUTRAL CITATION

R/CR.MA/1592/2021 ORDER DATED: 18/04/2024

undefined

it need be, with due care and circumspection tried to read in between the lines.

11. For the aforesaid analysis and considering the peculiar facts and circumstances of present case and reading the allegations in between the lines, this is a false implication on the applicant and therefore, without much discussion on the merits of the case as the case is pending qua the co-accused before the court, this Court is of view that the case of the applicant would fall under the parameters of quashing laid down by the Apex Court in the case of Bhajan Lal and this is a fit case to quash the proceedings by exercising inherent powers of this Court.

12. Resultantly, the application succeeds. The FIR being C.R. No.11196012200826 of 2020 registered with Fatehganj Police Station, Vadodara City and other consequential proceedings thereto are quashed and set aside qua the applicant herein. Accordingly, Rule is made absolute. Direct service is permitted.

(ILESH J. VORA,J) TAUSIF SAIYED