Gujarat High Court
Parmar Kankuben W/O Kanabhai @ ... vs State Of Gujarat on 1 August, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/1084/2024 ORDER DATED: 01/08/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 1084 of 2024
With
R/CRIMINAL REVISION APPLICATION NO. 1100 of 2024
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PARMAR KANKUBEN W/O KANABHAI @ KOHYABHAI PARMAR & ORS.
Versus
STATE OF GUJARAT
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Appearance:
MR JIGAR D DAVE(6528) for the Applicant(s) No. 1,2,3
MR HARDIK MEHTA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 01/08/2024
COMMON ORAL ORDER
1. The present revision applications have
been filed praying to quash and set aside the
order dated 09.07.2024 passed below Exhibit-5 and
Exhibit-4 respectively in Sessions Case No.4 of
2024 by the learned Sessions Court, Aravalli at
Modasa, and also prayed to discharge the
applicants from the charges punishable under
sections 306 and 114 of Indian Penal Code.
2. The FIR being FIR No.11188006230472 of
2023 was registered before the Malpur Police
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Station, Dist. Arvalli on 24.08.2023, under
sections 306 and 114 of IPC.
3. The facts of the case, as was noted are
that the minor daughter of the applicants was
alleged to have been abducted and kidnapped from
the lawful guardianship of applicant no.1, by the
son of original complainant namely Vishal S/o.
Somabhai Kalabhai Parmar. Having come to know of
the said fact on 16.08.2023, a complaint being
FIR No.0443/2023 was registered with Malpur
Police Station, Dist. Aravalli for the offence
punishable under sections 363 and 366 of I.P.C.
and under section 12 of the Protection of
Children From Sexual Offences Act, 2012
(hereinafter referred to as 'POSCO' for short).
Thereafter, on 18.08.2023, the applicant no.1 had
registered another complaint bearing Cr.No.II-
0449/2023 with Malpur Police Station, Dist.
Aravalli for the offences punishable under
sections 323, 504, 506(2) and 114 of IPC against
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the original complainant of the present matter,
her son and her husband.
3.1 As per the facts, on 21.08.2023,
original complainant and her son Jigar S/o
Somabhai Chamar, both had appeared to the Malpur
Police Station to record the statement, but
husband of the complainant did not appear before
the Malpur Police Station, and thereafter on
24.08.2024, the original complainant lodged the
present FIR, which is impugned in the present
matter. In connection to the same, discharge has
been prayed under section 227 of the Code of
Criminal Procedure.
4. Mr. Jigar D.Dave, learned advocate for
the applicants, relied on the judgment of Samir
Bipinbhai Maradiya @ Vaniya Vs. State of Gujarat,
reported in 2022 (1) G.L.H. 469 and Mohit Singhal
& Anr. Vs. The State of Uttarakhand & Ors.,
rendered on 01.12.2023 in Criminal Appeal No.3578
of 2023, to submit that there is no proximate
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cause to connect the present applicants with the
suicide of the husband of the complainant.
4.1 Advocate Mr. Jigar D.Dave stated that on
21.08.2023, when the original complainant and her
son had appeared before the Malpur Police
Station, the deceased did not appear before the
Malpur Police Station, and thereafter 24.08.2024,
an FIR came to be lodged. Mr. Dave, thus, stated
that the incident has started from 15.08.2023 and
till 24.08.2024, there is no any proximate cause
or any connection to show that the present
applicants had abetted the commission of offence.
Mr. Dave stated that the cause of death was
cardio respiratory failure.
4.2 Advocate Mr. Dave further submitted
that, to bring the case under section 306, as
observed by this Court in earlier matter of Samir
Bipinbhai Maradiya @ Vaniya (supra), the process
of instigation must be explicitly alleged, and
the words 'uttered in a fit of anger or omission
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without any intention', cannot be termed as
instigation.
5. Referring to the facts of the case,
relying on the report, Mr. Hardik Mehta, learned
APP, submitted that all the accused on 16.08.2023
came to the house of the complainant and had
asked them to find their daughter, who was
alleged to have been abducted by her son Vishal,
and had threatened them to find her and return
her back to them otherwise to vacate the house,
and unless and until their daughter is not found,
they would not allow them to enter the village,
and if at all they would come, then they would
burn their house.
5.1 Mr. Mehta, learned APP, submitted that
such mental harassment had been caused by the
present applicants. Mr. Mehta stated that rather
than allowing the police to undertake the
necessary process, where already FIR had been
filed under the POSCO Act, they ought to have
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waited for the result of the FIR under POSCO Act.
6. Countering the argument, Advocate Mr.
Dave submitted that there are variations in the
facts of the complainant, as according to her,
she had not been with her husband for the last
seven days, and she was informed by some third
some person that her husband has committed
suicide, which itself proves that ingredients of
instigation or abetment by the present applicants
would not get attract.
7. The fact suggests that the original
complainant and her son Jigar, both had appeared
before the Malpur Police Station to give their
statements. The factum of threat given by the
present applicants are supported by the statement
of Rameshbhai Dhulabhai Parmar, Jayantibhai
Gobarbhai Parmar, Khanabhai Dharmabhai Parmar
Vechatbhai Lebabhai Chamar.
8. As noted by the learned Sessions Judge,
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the son of the complainant Vishal had love
affairs with the daughter of Sureshbhai Revabhai
Parmar, the minor, and both the families were
staying opposite to each other. On 15.08.2023,
both had eloped without informing any of the
family members, and therefore, father of the
minor had filed a complaint against Vishal
Somabhai Parmar under sections 363 and 366 of IPC
and section 12 of POSCO Act.
9. Learned APP has submitted that Vishal is
now no more, and as per the accident death
report, deceased Vishal has committed suicide in
a hotel room. Referring to the police report,
learned APP states that both of them i.e. Vishal
and daughter of Suresh Revabhai Parmar had
attempted to commit suicide by hanging themselves
with the ceiling with aid of 'Duppata', but the
daughter of Suresh Revabhai Parmar's life got
save because the 'Duppata' was not tight, which
gave her the benefit.
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10. Learned APP stated that because of
threat of present applicants, the deceased i.e.
husband of the complainant could not bear the
threat and had committed suicide in his own
house. Learned APP stated that the elopement of
the children was made a big issue by the present
applicants, and instead of submitting themselves
to the process of law and keeping trust on the
investigation, or at the most could have filed a
habeas corpus petition, the applicants took law
in their hands, and had created an atmosphere of
threat, which was an instigation to the deceased,
which has led to his death.
11. The allegation, as per the proceedings
in the form of FIR registered, shows that the
minor daughter of Sureshbhai Revabhai Parmar,
aged about 16 years 10 months and 14 days, was
alleged to have been abducted by deceased Vishal
Somabhai Chamar, and since they had eloped, the
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applicants had threatened them of the
consequences, as referred herein that, if they
would not search their daughter and return her
back to them, they should vacate the house, and
unless and until their daughter is not returned
back, they should not enter the village, and if
at all they would come, their house would be
burned.
11.1 This act stated to be the direct act,
which has caused the deceased to commit suicide.
The statement of other witnesses also supports
this fact. The complainant has lost her husband
as well as son, who both have committed suicide.
12. In view of the facts of the case, there
is clear prima facie case against the applicants,
and, therefore this Court does not find any
reason to entertain both the applications, hence,
the same stand rejected.
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13. Office to keep copy of this order in
Criminal Revision Application No.1100 of 2024.
(GITA GOPI,J)
Pankaj
