Gujarat High Court
Champaben Ishvarbhai Patel vs State Of Gujarat on 1 January, 2024
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/SCR.A/7836/2022 ORDER DATED: 01/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 7836 of 2022
With
R/SPECIAL CRIMINAL APPLICATION NO. 13354 of 2022
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CHAMPABEN ISHVARBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR RAJESH K SHAH(784) for the Applicant(s) No. 1,2,3,4
MS CHETNA SHAH, APP for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 01/01/2024
COMMON ORAL ORDER
1. Since both the applications arises out of same set of facts
and contentions and issue before this Court in both
applications are also common, the same are being
decided through this common order.
2. The applicants by invoking inherent powers of this Court
have prayed for quashing of criminal proceedings
pending before the Court of Judicial Magistrate at Anand.
3. Brief facts which are necessary to dispose of these
applications are that the complainant - respondent no.2
Pareshaben Patel was married to one Sandeep
Chandubhai Patel and marriage was solemnized on
16.03.2020. The husband Sandeep Chandubhai Patel and
his parents are NRI and settled at USA. Due to
matrimonial dispute, the complainant lodged an FIR for
NEUTRAL CITATION
R/SCR.A/7836/2022 ORDER DATED: 01/01/2024
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the offences punishable under Sections 498(A), 323, 504
and 114 of the Indian Penal Code and Sections 3 and 4 of
the Dowry Prohibition Act. The husband and his parents
as well as three sisters and one distant relatives have
been arraigned as accused in the said offence. In the FIR,
the complainant alleges that she was subjected to cruelty
by the husband and his relatives and was harassed with
a view to coercing her to meet unlawful demand of
dowry, as her parents were failed to make payment of
Rs.12 lakhs demanded by the in-laws. It is further alleged
that after some time of the marriage, the sister-in-laws
and distant relatives used to demand a cash amount to
be brought from her parents and further threatened that
if the demand is not fulfilled, they will stall the Visa
process for USA. It is further alleged that father in law
and mother in law when they came to India, had
demanded Rs.12 lakhs and threatened her that if she
fails, in complying the said demand, she will be divorced
by her husband. It is further alleged that she had been
cheated on the false promise to take her at USA and her
file for Visa could not proceed further due to inaction on
the part of the accused.
The said FIR was registered with Mahila Police
Station, Anand on 25.11.2021. Pursuant to the FIR,
investigation was carried out and finally chargesheet
came to be filed against the applicants, showing therein
the husband and in-laws as absconding.
4. In the aforesaid facts, the applicants who are parents,
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three sisters-in-laws and one distant relative have
preferred quashing application inter alia stating that the
criminal proceedings is maliciously instituted with ulterior
motive and allegations are absurd and inherently
improbable and their case would fall under the
parameters for quashing settled in the case of State of
Haryana vs. Bhajan Lal reported in (1992) Supp 1
SCC 335.
5. This Court has heard learned counsel Mr. R.K. Shah for
the applicants and Ms. C.M. Shah, learned APP for the
respondent - State. The respondent-complainant, though
served, has chosen to remain absent from the
proceedings.
6. Mr. R.K. Shah, learned counsel appearing for the
applicants, has submitted that, the criminal proceeding
has been initiated with malafide intention and to harass
the innocent persons who have nothing to do with the
marital discord of the complainant with her husband. In
that view of the matter, Mr. Shah has submitted that, the
entire family of the husband having been implicated
without allegations of active involvement of harassment
and they are being implicated casually by alleging
general and omnibus allegations and it is a case of false
implication. Mr.Shah would further submit that after the
marriage the mother and father left the India as they are
permanent resident of USA and thus, the allegations of
demanding cash amount do not have any merits. That
three sisters in laws are living separately at their
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respective matrimonial home and never shared the
house with the complainant and therefore, they have
been roped in the offence with oblique motive. That the
distant relative Champaben aged about 74 years, has
nothing to do with the matrimonial dispute and therefore,
merely she being a relative has been implicated without
their being any specific role assigned in the alleged
offence.
7. In view of the aforesaid contentions, learned counsel Mr.
Shah has submitted that the allegations made in the FIR
as well as chargesheet 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 and
therefore, this is a fit case to exercise inherent
jurisdiction to prevent the abuse of process of the Court.
8. Ms. C.M. Shah, learned APP for the respondent - State
has submitted that pursuant to the FIR, the accused have
been chargesheeted and therefore, at this stage, the
enquiry as to the genuinness or reliability or otherwise of
the allegations made in the FIR may not be examined as
it is a matter of evidence.
9. Having heard learned counsels for the respective parties,
the issue falls for my consideration is whether case is
made out to quash the criminal proceedings by
exercising inherent powers.
10. It is not in dispute that the marriage of the complainant
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was solemnized on 16.03.2020. According to the case of
the complainant, after three months, the husband and
his parents left India as they are permanent residents of
USA. The three sisters i.e. accused nos.5, 6 and 7 are
living separately at their respective matrimonial home,
whereas accused no.6 Champaben Ishwarbhai is also
living separately at Village Kasor. In these background
facts, let us examine the allegation of dowry made
against the applicants. It is alleged that the sisters in
laws and accused Champaben demanded Rs.4 lakhs
towards the marriage expenses and subsequently, the
mother in law and father in law demanded Rs.12 lakhs
and if she fails, then she will be given a divorce. The
financial condition of husband and his parents are sound
and therefore, the reason given by the opponent-
complainant that, to meet with the marriage expenses,
the accused demanded a cash amount would seem to be
improbable. In the entire FIR, no any time or date of
demand of such amount has been mentioned and/or
disclosed. It is alleged that through cell phone, the
husband and his parents demanded the cash amount. In
such circumstances, the allegation of physical and
mental torture and demand of cash amount prima facie
seems to be improbable. It is to be noted that the
complainant has resorted the provisions of Section 125 of
the Code of Criminal Procedure, 1973 against the
husband claiming maintenance and the proceedings
pending before the Family Court. The proceedings under
the provisions of Domestic Violence Act filed against the
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R/SCR.A/7836/2022 ORDER DATED: 01/01/2024
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husband and in-laws is also pending before the Court
concerned. The copy of the complaint filed under the
provisions of Domestic Violence Act shows that the
matrimonial dispute arose because the file of the
complainant for U.S. Visa did not clear in time and after
the marriage, she was desperate to settle at U.S.A. It is
no doubt true that after the marriage, the every wife has
dream to live with the husband and therefore, this Court
can understand the anxiety of the wife complainant but
at the same time, she cannot be permitted to use
criminal proceedings as an instrument to pressurize the
accused applicant. In the domestic violence proceedings,
she has not alleged that the cash amount was demanded
by the applicants. On the contrary, in the said
proceedings, she has stated that due to delay in Visa
process, she has been compelled to initiate the
proceedings.
11. For the reasons recorded, this Court is of considered view
that, the allegations made in the FIR and chargesheet, do
not constitute offence as alleged and resort to the
criminal proceedings amount to abuse of process of
Court. The Apex Court in its various judgments time and
again observed that, it would be an abuse of process of
Court to allow any action which would result in injustice
and prevent promotion of justice. This Court is satisfied
that, the criminal proceedings initiated by the
complainant with a view to mounting pressure on the in-
laws so as to clear the Visa process for USA and the other
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reason would be that, she desires to settle her
matrimonial dispute with the husband who is permanent
resident of USA.
12. For the foregoing reasons, considering the peculiar facts
and circumstances of present case, it prima-facie
establishes that, the allegations made in the FIR
accepted as it is, do not constitute an offence under
Section 498A, 323 and 504 of the IPC. The case is fully
covered by categories (i), (iii), (v) and (vii) as
enumerated by the Apex Court in Bhajan Lal's case
(supra). Thus, the unfounded proceedings filed against
the applicants, needs to be quashed to prevent the abuse
of process of Court and to secure the ends of justice.
13. Resultantly, these applications are allowed. The
impugned FIR being I-C.R.No.11215018210039 of 2021
registered with Mahila Police Station, Anand, District:
Anand as well as other consequential proceedings are
hereby quashed and set aside qua the applicants herein.
Accordingly, Rule is made absolute. Direct service is
permitted.
14. The observations made hereinabove are tentative in
nature and confined to decide the contentions raised by
the applicants.
(ILESH J. VORA,J)
TAUSIF SAIYED
