Gujarat High Court
Popatbhai Jerajbhai Hingrajiya vs Shwetaben Denishbhai Hingrajiya on 10 January, 2024
NEUTRAL CITATION
R/CR.MA/18698/2016 ORDER DATED: 10/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 18698 of 2016
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POPATBHAI JERAJBHAI HINGRAJIYA & 4 other(s)
Versus
SHWETABEN DENISHBHAI HINGRAJIYA & 1 other(s)
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Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1,2,3,4,5
MRS NISHA M PARIKH(2397) for the Respondent(s) No. 1
MR SOAHAM JOSHI, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 10/01/2024
ORAL ORDER
1. This application is filed under Section 482 of the
Code of Criminal Procedure, 1973 ( `the Code' for short) for
the following reliefs:
"11(a) To quash and set aside the FIR being registered vide
I-CR No.86 of 2016 dated 30/06/2016 registered with Keshod
Police Station, Junagadh for the offences under Sections 498-
A, 323, 504 and 114 if the Indian Penal Code, 1860 and to
pass all incidental and consequential orders as may be
deemed fit and proper.
(b) Pending admission, final hearing and disposal of this
petition, to stay further proceedings of the FIR being
registered vide I-CR No.86 of 2016 dated 30/06/2016
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registered with Keshod Police Station, Junagadh for the
offences under Sections 498-A, 323, 504 and 114 of the
Indian Penal Code, 1860;
(c) To pass any other and further orders as may be deemed
fit and proper;
(d) xxxx"
2. Heard learned advocates for the parties.
3. Learned advocate Mr.Modi for the applicants has
submitted that the present applicants are family members of
the husband of the complainant; that the husband is not
before this court; the complaint which is filed under Sections
498A, 323, 504 and 114 of Indian Penal code is totally
erroneous and prima facie, such complaint is not
maintainable in the eye of law and required to be quashed
and set aside; that the applicants are staying far away from
the complainant since last 3-4 years and they have never
harassed the complainant nor mentally tortured her; that it
is not possible for anyone to harass a person who is staying
more than 100 kms; away since last 3-4 years; that the
applicant nos.1 to 3 are father-in-law, mother-in-law and
brother-in-law of the complainant who are staying at
Ankleshwar since last many years separately from the
complainant and applicant nos.4 and 5 are sisters-in-law of
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the complainant, who are married and are staying at
Jamnagar and Valsad respectively; that there is no question
for them to stay with the complainant and cause any
harassment to the complainant. He, therefore, submitted that
considering the various judgments of the Hon'ble Apex Court,
when the complaint is filed against all the family members
and more particularly, when the husband is found missing
and the complaint to that effect is also registered with the
concerned police station, the case of the present applicants is
required to be considered and the complaint is required to be
quashed qua them, considering the judgment in the case of
State of Haryana V/s Bhajan Lal reported in AIR 1992 SC
604, as continuation of the proceedings will amount to abuse
of process of law.
4. Learned advocate Ms.Parikh for respondent no.1
has submitted that prima facie, the case is made out against
the accused persons from the bare reading of the complaint,
however, she has submitted that in view of the subsequent
development that probably the husband and wife might have
taken divorce and now the wife may not be interested in
pursuing the complaint; however, she submitted that she
could not obtain any instructions from the complainant. She,
therefore, prayed that this court may pass appropriate order
considering the totality of the facts and circumstances of the
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case.
5. Learned APP Mr.Joshi for respondent no.2 has
supported the submissions made by learned advocate for
respondent no.1 and further submitted that since prima facie
case is made out, this court may not exercise powers under
Section 482 of the Code.
6. I have considered the rival submissions and
perused the material on record. Prima facie, it transpires
that all the applicants are falsely implicated in the said
offences under the ill-advice from the legal expert or from
some of the relatives just with a view to harass the family
of the husband, particulary in the background that the
applicants no.1 to 3 are staying at Ankleshwar separately
from the complainant and applicant nos.4 and 5 staying at
Jamnagar and Valsad respectively, all far away from the
residence of the complainant.
7. At this stage, it is fruitful to refer to the
judgment in the case of Preeti Gupta & Anr. V/s. State of
Jharkhand & Anr., reported in (2017) 7 SCC 667 , wherein it
is held in paragraph 33 as under:
"33. The ultimate object of justice is to find out the truth
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and punish the guilty and protect the innocent. To find out
the truth is a herculean task in majority of these
complaints. The tendency of implicating husband and all his
immediate relations is also not uncommon. At times, even
after the conclusion of criminal trial, it is difficult to
ascertain the real truth. The courts have to be extremely
careful and cautious in dealing with these complaints and
must take pragmatic realities into consideration while
dealing with 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 the complaint are
required to be scrutinized with great care and
circumspection. Experience reveals that long and protracted
criminal trials lead to rancour, acrimony and bitterness in
the relationship amongst the parties. It is also a matter of
common knowledge that in cases filed by the complainant if
the husband or the husband's relations had to remain in jail
even for a few days, it would ruin the chances of amicable
settlement altogether. The process of suffering is extremely
long and painful."
8. Further, it will also be fruitful to mention the
judgment of Hon'ble Supreme Court in the case of State of
Haryana V/s Bhajan Lal reported in AIR 1992 SC 604,
wherein the Hon'ble Supreme Court has observed thus -
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"In the backdrop of the interpretation of the various
relevant provisions of the Code under Ch.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 Art.226 or the inherent powers under sec.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 not
disclose a cognizable offence, justifying an investigation by
police officers under sec.156(1) of the Code except under an
order of a Magistrate within the purview of sec.155(2) of the
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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
sec.156(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 concerned Act (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 concerned Act,
providing efficacious redress for the grievance of the
aggrieved party.
(7) Where a criminal proceeding is manifestly attended with
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mala fide 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. In this view of the matter, this is a fit case to
exercise the inherent powers under Section 482 of the Code.
Accordingly, this application is allowed. The impugned FIR
being I-CR No.86 of 2016 dated 30/06/2016 registered with
Keshod Police Station, Junagadh, as well as subsequent
proceedings, if any, arising out of the same FIR are hereby
quashed and set aside qua the applicants. Direct service is
permitted.
(SANDEEP N. BHATT,J)
SRILATHA
