Gujarat High Court
Ramaben Bhimjibhai Hadiya vs State Of Gujarat on 3 January, 2024
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R/CR.MA/24058/2019 ORDER DATED: 03/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 24058 of 2019
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RAMABEN BHIMJIBHAI HADIYA
Versus
STATE OF GUJARAT
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Appearance:
MS DIPMALA S DESAI(6596) for the Applicant(s) No. 1,2
MR MAHESH POOJARA FOR MR ASHISH M DAGLI(2203) for the
Respondent(s) No. 2
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 03/01/2024
ORAL ORDER
1. The present application is filed under Section 482
of the Code of Criminal Procedure, 1973 (`the Code' for short)
praying for the following reliefs:
"7(A) YOUR LORDSHIPS may be pleased to admit this
Criminal Misc.Application, in the interest of justice;
(B) YOUR LORDSHIPS may be pleased to quash the
impugned FIR being C.R.No.II-26 of 2019 registered with
Visavadar police station, District - Junagadh (Annexure-A)
and all further proceedings in pursuance thereto, in the
interest of justice;
(C) YOUR LORDSHIPS be pleased to stay the further
proceedings of FIR being C.R.No.II-26 of 2019 registered
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with Visavadar police station, Junagadh (Annexure-A),
pending the admission, hearing and final disposal of this
application, in the interest of justice;
(D) xxxxx"
2. The brief facts leading to fling of this application
are such that the impugned FIR came to be filed by the
respondent no.2-complainant alleging that the respondent no.2
was going for purchasing vegetables near gate of her home
and at that time, the applicant no.1 came there and gave
kick and fist blows on the respondent no.2; that at that
time, the father of respondent no.2 was also present and the
applicant no.2 administered threat that he will kill the
respondent no.2. It is this FIR which is prayed to be
quashed by way of this application.
3. Heard learned advocates for the parties.
3.1 Learned advocate Ms.Desai for the applicant has
drawn my attention towards the earlier complaint filed by
the present applicant which is registered in the non-
cognizable register on the same day at 2.00 p.m. and
submitted that the present FIR is filed by the respondent
no.2 at 2.30 p.m. on the same day which is registered as
FIR for the offences punishable under Sections 323, 504,
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506(2) and 114 of the Indian Penal Code. She submits that
prima facie, on bare reading of the FIR, the present
applicants are falsely implicated as they happen to be father-
in-law and mother-in-law of the complainant. She submits
that on that day, probably since the complainant is not
staying at her matrimonial house due to some dispute with
the family members, they went there to find out some way
and husband was residing at Belgium and thereafter at
Netherlands, such incident on face of it, might not have
happened but the incident as alleged in the FIR is nothing
but an attempt of over-implication of the accused persons by
stating something which has not happened actually.
Otherwise also, considering the averments in the FIR, no
ingredients of Section 323 are satisfied nor it can be said
that Sections 504 and 506(2) are attracted in the facts of the
present case. She further submits that the present applicants
are aged persons aged about 65 and 68 respectively and that
the actual incident which is narrated in the FIR is actually
exaggeration made in the version of the complainant of
heated exchanges between the parties with a view to give
colour of criminality for falsely implicating the accused
persons.
3.2 Therefore, she prays to allow this application by
exercising the inherent powers under Section 482 of the Code
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considering the judgment in the case of State of Haryana
V/s Bhajan Lal reported in AIR 1992 SC 604.
4. Per contra, learned APP Mr.Jayswal for the
respondent no.1-state has also pointed that the statement of
neighbour is also recorded and medical certificate is also
availed. The neighbour has supported that there was some
heated exchanges but as such no such incident has taken
place which amount to attracting of any provisions of Section
323 of the IPC. However, as the incident has taken place,
prima facie case is made out and therefore, this Court should
not exercise the powers under Section 482 of the Code at
this stage as they should be exercised very sparingly.
Therefore, he prays to dismiss this application.
5. Learned advocate Mr.Poojara appearing for the
respondent no.2-complainant has strongly opposed the prayers
made in the petition and the submissions made at the bar.
He has submitted that prima facie, on bare reading of the
FIR, the ingredients of the sections of IPC which are invoked
are satisfied. It is undisputed fact that the incident has
taken place on the said date as the applicants have also
filed the complaint of non-cognizable offence before the same
police station and therefore unless all the aspects are decided
during the course of trial, the proceedings cannot be aborted
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at this stage as prima facie case is made out. He, therefore,
prays to dismiss this application as no case is made out for
quashing of the FIR.
6. I have considered the rival submissions. I have
also perused the FIR and earlier non-cognizable complaint
which is filed by the present applicants. Prima facie, it
transpires that the applicants and the complainant are
related to each other as the applicant no.1 is mother-in-law
and applicant no.2 is father-in-law of the complainant-
Divyaben-respondent no.2 herein. As Divyaben is not staying
at matrimonial home and her husband is staying at
Netherlands/Belgium, it seems that the applicants, being
parents, went to the house of the place of the complainant
for some discussion regarding settlement of the issues due to
which the complainant is not staying with the applicants. It
seems that at that point of time, due to some heated
exchanges, the cross-complaints are also filed and the
complaint filed by the present applicants is registered as non-
cognizable offence and the complaint filed by the present
applicant is registered as impugned FIR.
7. Even from the papers of investigation produced by
learned APP during the course of arguments, for perusal of
this Court, this Court is satisfied that from the statement of
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neighbour and from the medical papers, the offence which is
alleged in the FIR under Sections 323, 504, 506(2) of IPC
cannot be attracted in the facts of the present case. On the
contrary, this court is of the opinion that due to some
personal grudge, the complainant has tried to describe the
things in exaggeration. Actually, some heated exchanges
might have taken place on the date of the incident.
Therefore, considering the totality of the facts and
circumstances and considering the fact that the complainant
is trying to over-implicate the role of the present applicants
in the incident, this is a fit case where the court should
exercise powers under Section 482 of the Code with a view
to prevent abuse of process of law and with a view to
prevent further harassment to the applicants which may
cause by facing criminal proceedings.
8. In the judgment of Hon'ble Supreme Court in the
case of Bhajan Lal (supra), wherein the Hon'ble Supreme
Court has observed as under:
"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
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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
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.
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(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
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. It is fruitful to refer to the judgment of the
Hon'ble Supreme Court in the case of Mahmood Ali and
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Others V/s State of U.P. and Others, wherein it is held as
under:
"13. At this stage, we would like to observe something
important. Whenever an accused comes before the Court
invoking either the inherent powers under Section 482 of
the Code of Criminal Procedure (CrPC) or extraordinary
jurisdiction under Article 226 of the Constitution to get the
FIR or the criminal proceedings quashed essentially on the
ground that such proceedings are manifestly frivolous or
vexatious or instituted with the ulterior motive for wreaking
vengeance, then in such circumstances the Court owes a
duty to look into the FIR with care and a little more
closely. We say so because once the complainant decides to
proceed against the accused with an ulterior motive for
wreaking personal vengeance, etc., then he would ensure
that the FIR/complaint is very well drafted with all the
necessary pleadings. The complainant would ensure that the
averments made in the FIR/complaint are such that they
disclose the necessary ingredients to constitute the alleged
offence. Therefore, it will not be just enough for the Court
to look into the averments made in the FIR/complaint alone
for the purpose of ascertaining whether the necessary
ingredients to constitute the alleged offence are disclosed or
not. In frivolous or vexatious proceedings, the Court owes a
duty to look into many other attending circumstances
emerging from the record of the case over and above the
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averments and, if need be, with due care and circumspection
try to read in between the lines. The Court while exercising
its jurisdiction under Section 482 of the CrPC or Article 226
of the Constitution need not restrict itself only to the stage
of a case but is empowered to take into account the overall
circumstances leading to the initiation/registration of the case
as well as the materials collected in the course of
investigation. Take for instance the case on hand. Multiple
FIRs have been registered over a period of time. It is in
the background of such circumstances the registration of
multiple FIRs assumes importance, thereby attracting the
issue of wreaking vengeance out of private or personal
grudge as alleged."
10. In view of the above discussion, 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 C.R.No.II-26 of 2019 registered with Visavadar
police station, District 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
