Gujarat High Court
Chetan Shambhu Dayal Agrawal vs State Of Gujarat on 8 February, 2024
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/CR.MA/1354/2022 ORDER DATED: 08/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 1354 of 2022
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CHETAN SHAMBHU DAYAL AGRAWAL
Versus
STATE OF GUJARAT
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Appearance:
MR BOMI SHETHNA WITH MR SHUBHAM K PRAJAPATI(10761) for the
Applicant(s) No. 1,2,3,4
KRUNAL V BHAVSAR(9572) for the Respondent(s) No. 2
MS CM SHAH APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 08/02/2024
ORAL ORDER
1. By invoking inherent powers of this Court under
Section 482 of the Cr.P.C., the applicants, who are
husband and relatives of the private respondent,
seeking quashing of the questioned FIR being CR.
No. 11191003220013 of 2022 registered with
Khokhra Police Station, Ahmedabad, for the
offences punishable under Section 498, 294(b), and
114 of the Indian Penal Code read with Sections 3
and 7 of the Dowry Prohibition Act, 1961.
2. Mr. Bomi Shethna, learned counsel appearing for and
on behalf of the applicants upon instructions, does
not press this petition qua applicant no.1 - Chetan
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Agarwal, who is the husband of second respondent -
wife. The petition qua husband stands dismissed as
not pressed.
3. Brief facts leading to file the present application are
that, the marriage of the second respondent with
Chetan Agarwal was solemnized on 06.03.2018 at
Madhya Pradesh. The second respondent wife
belongs to Ahmedabad. After one month of the
marriage, the parties came to Ahmedabad and
initially lived in a rented premises and lastly, in the
year 2019, shifted in their own flat at Ahmedabad.
The questioned FIR is being lodged on 02.01.2022.
The second respondent - wife has alleged that, she
was subjected to mental and physical torture by
husband and his relatives as they are not happy with
the dowry given by her parents. That the husband
and in-laws used to force her to bring Rs.10 lakhs
from her parental home. That, despite the substantial
amount given by her parents to purchase the flat, the
husband and in-laws pressurized the wife to transfer
the said flat in their names. In such circumstances,
the questioned FIR came to be lodged against
husband, mother-in-law and two brothers for the
aforesaid offences.
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4. In the aforesaid background facts, the applicants are
before this Court, inter-alia stating that, the
applicants have never shared the house with the wife
and due to internal matrimonial dispute with the
husband, they have been falsely implicated in the
alleged offence and thus, the proceedings would
nothing but sheer misuse of process of law and court.
5. Mr. Shethna, learned counsel for Mr. S.K. Prajapati
has submitted that, the applicants are permanent
residents of Madhya Pradesh. That, after one month
of the marriage, the second respondent and the
husband Chetan came to Ahmedabad and lived
together in a rented premises. That, the matrimonial
dispute cropped up when the name of the applicant's
brother was considered by the family for
companionate appointment as the father Shambhu
Dayal Agarwal being a Government servant, died
during the course of employment. That, vide
complaint dated 05.01.2020, the husband filed a
complaint, addressed to Khokhra Police Station,
against the second respondent and her family
members for giving threat to dispossess him from the
flat property.
6. In the aforesaid factual background facts, learned
counsel Mr. Shethna would urge that, the FIR has
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been filed with oblique motive and to defame the
applicants in their society and thus therefore, on
reading of the allegations made in the FIR, no offence
is made out as the allegations are vague and general
and no any specific instances of harassment is being
disclosed so far as role attributable to present
applicants are concerned. In such circumstances, he
would urge that the continuation of the proceedings
which has been instituted with malafide, would an
abuse of process of court and law and this is a fit
case to exercise the inherent powers.
7. Opposing the application, learned counsel Mr.
Bhavsar has submitted that, the disputed question of
facts is raised herein, cannot be examined at this
stage in a quashing petition and therefore, once the
allegations made in the FIR disclosed the
commissions of an offence, the Court may not
examine the genuineness or reliability of the
allegations made in the FIR. In such circumstances,
he would urge that, no any exceptional
circumstances exists to exercise the inherent powers
of this Court and thus, therefore no case is made out
to quash the questioned FIR.
8. The scope and power of the High Court to quash the
first information report is well settled. The power
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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 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.
9. 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
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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 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
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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
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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."
10. 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
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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.".
11. In matrimonial case, the Apex Court in the case of
Preeti Gupta and another vs. State of Jharkhand and
another 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.
12. It is not in dispute that the marriage of the second
respondent and the accused no. 1 was solemnized on
06.03.2018 and after one month of the marriage,
they came to Ahmedabad and lived together either in
rented premises or in their own house. The applicants
are in-laws and permanent resident of Vijaypur,
Dist.: Sheopur, Madhya Pradesh. On scrutiny of the
allegations, in so far as applicants are concerned, this
Court is of considered view that, they have been
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falsely implicated in the alleged offence due to
serious matrimonial dispute of the husband and wife.
After one month of the marriage and till registration
of the FIR, the applicants did not share and/or live the
house at Ahmedabad. The record indicates that
before the registration of the FIR, the community
people at Madhya Pradesh tried to resolve the
matrimonial dispute and accordingly compromise
was arrived by executing the compromise deed and
thereafter again, the dispute arose with the husband.
In light of the peculiar facts and circumstances of the
present case and considering the vague and general
allegations in relation to the harassment and demand
of dowry, this Court comes to a conclusion that the
allegations contained in the FIR even if given face
value and taken to the correct in their entirety,
disclosed no offence qua the applicants.
13. 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.
14. Resultently, the application succeeds. FIR being CR.
No. 11191003220013 of 2022 registered with
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Khokhra Police Station, Ahmedabad, and other
consequential proceedings thereto are quashed and
set aside.
15. The views expressed hereinabove are confined to the
case of present applicants herein. The trial Court
shall decide the case of the husband in accordance
with law without being influenced by the
observations made hereinabove.
(ILESH J. VORA,J)
P.S. JOSHI
