Gujarat High Court
Premlata Govind Prakash vs State Of Gujarat on 19 April, 2024
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/SCR.A/1424/2021 ORDER DATED: 19/04/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 1424 of 2021
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PREMLATA GOVIND PRAKASH & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1,2,3,4,5,6
JUNED BULA(9504) for the Respondent(s) No. 2
MR JAY MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 19/04/2024
ORAL ORDER
1. The applicants original accused have preferred this
quashing application under Section 482 of the Code of
Criminal Procedure, 1973, whereby they are seeking
quashment of the FIR being C.R.No.11191030200062 of
2020 registered with Mahila Police Station (East),
Ahmedabad for the offence punishable under Sections
498(A), 420, 294(B), 323, 506(2) and 114 of the Indian
Penal Code and Section 4 of the Dowry Prohibition Act.
2. This Court has heard learned counsel Mr.Pratik Barot
appearing for and on behalf of the applicants.
3. Learned counsel Mr.Juned Bula, appearing for and on
behalf of second respondent, despite sufficient opportunity
given to him, did not remain present to assist the Court.
4. Brief facts giving rise to file present application are that
due to matrimonial dispute, the second respondent wife
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Sinni Rambudhar Ram has lodged the aforesaid FIR
against her husband and in-laws, inter alia, alleging that
she has been subjected to mental and physical cruelty on
the issue of dowry. According to allegations made in the
FIR by her that the husband and in-laws are not satisfied
with the dowry given at the time of marriage and after
marriage. After solemnizing the marriage dated
21.01.2019, she was tortured mentally and physically on
the issue of dowry and treated her as maid-servant. The
husband and his parents hurled abusive and used to beat
her on the petty issue of household work and threatened
that they would give divorce and will driven out her from
matrimonial home. The applicants are three sister-in-laws
and their respective husbands, who have been impleaded
as accused nos.4 to 9 in the alleged offence. It is alleged
against the applicants that by making frequent calls to the
parents of the husband, they have aided and abetted the
accused nos.1 to 3 in committing the alleged offence of
cruelty and demand of dowry.
5. In the aforesaid background facts, the applicants have
preferred this quashing application inter alia stating that
the allegations in the FIR taken at its face value and
accepted in their entirety do not constitute any offence and
therefore, this is a case of false and over implication.
6. Mr.Pratik Barot, learned counsel appearing for the
applicants has submitted that the applicants are sister-in-
laws and their respective husbands. They are living
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separately at their respective places and never shared the
household with the wife and therefore, this is a case of
false implication of the applicants in the alleged offence
and their impleadment having been made with ulterior
motive and build pressure on the husband and others to
resolve the dispute as per her conditions. Thus, therefore,
the continuation of criminal proceedings qua the
applicants, who have nothing to do with the matrimonial
dispute, would amount to misuse of process of law and
Court and the same deserves to be quashed.
7. As observed learned counsel for the second respondent did
not remain present at the time of hearing.
8. Learned APP Mr.Jay Mehta for the respondent - State has
submitted that the disputed question of facts as raised
cannot be examined at this stage and therefore, no case is
made out to exercise inherent powers.
9. Having regard to the facts and circumstances of present
case, the issue arise for determination as to whether the
FIR and consequential proceedings are liable to be
quashed in exercise of inherent powers of this Court ?
10. 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
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from giving a prima-facie decision, unless there are
compelling circumstances to do so. Taking the allegations,
as they are, without adding 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.
11. 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
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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 ulterior motive for wreaking vengeance on
the accused and with a view to spite him due to private and
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personal grudge."
12. Since the FIR in question emanates from matrimonial
disputes. Recently, the Apex Court in case of Kahkashan
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.".
13. In matrimonial case, the Apex Court in the case of Preeti
Gupta and another vs. State of Jharkhand and another
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reported in (2010) 7 SCC 667 observed that, a serious
relook of the entire provision is warranted by the
legislation. It is also a matter of common knowledge that,
exaggerated version of the incident are reflected in a large
number of complaints. The tendency of over implication is
also reflected in very large number of cases.
14. In the case of Geeta Mehrotra and Anr. v. State of Uttar
Pradesh and Anr reported in (2012) 10 SCC 741, it is
observed that, family members of the husband are being
implicated without allegations of active involvement and
they are being implicated casually.
15. Having heard learned counsels for the respective parties,
the issue falls for consideration is whether the case is
made out for quashing the criminal proceedings by
invoking the extraordinary jurisdiction of this Court.
16. It is not in dispute that the applicants are married sister-
in-laws and their respective husbands and they are
residing at different places and had never lived together
with the wife at any point of time. So far as allegations
made against them are concerned, this Court is of the view
that the said allegations seem to be absurd and inherently
improbable on the basis of which, no prudent person can
ever reach a just conclusion that there is sufficient ground
for proceedings against the applicants-accused. In the
entire FIR, except casual reference of the applicants,
nothing being specifically alleged that how and under what
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manner, they have aided and abetted the husband and his
parents in committing the act of cruelty as alleged. In such
circumstances, without much discussion on merits of the
matter, as the case against the husband and his parents is
pending before the Court and therefore, so far as the
applicants are concerned, prima facie this Court is of the
view that the allegations made against them if accepted to
be true, do not disclose any offence or make out a case for
the alleged offence and this Court is convinced that the
applicants have been impleaded as accused with malafide
and/or ulterior motive.
17. 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.
18. Resultently, the application succeeds and is allowed. The
FIR being C.R.No.11191030200062 of 2020 registered with
Mahila Police Station (East), Ahmedabad and other
consequential proceedings thereto are quashed and set
aside.
19. The views expressed hereinabove are confined to the case
of present applicants herein. The trial Court shall decide
the case of the husband and parents in accordance with
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law without being influenced by the observations made
hereinabove.
Direct Service is permitted.
(ILESH J. VORA,J)
Rakesh
