Gujarat High Court
Rekhaben Rajnikant Devani vs State Of Gujarat on 30 January, 2024
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/CR.MA/23579/2022 ORDER DATED: 30/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 23579 of 2022
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REKHABEN RAJNIKANT DEVANI
Versus
STATE OF GUJARAT
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Appearance:
MR.NANDISH H THACKAR(7008) for the Applicant(s) No. 1,2
MR VICKY B MEHTA(5422) 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 : 30/01/2024
ORAL ORDER
1. By invoking inherent powers of this Court, the applicants -
original accused have preferred this petition under Section
482 of the Code of Criminal Procedure, 1973 for quashing
of criminal proceedings being Criminal Misc. Application
No.6067 of 2022 filed by the private respondent under
Section 12 of the Domestic Violence Act, 2005, seeking
various reliefs in respect of issuance of protection order,
residence order and monetary relief in terms of monthly
maintenance, etc.
2. Brief facts giving rise to file present application are that the
marriage of the private respondent with Ankit Rajnikant
Devani was solemnized on 10.12.2018 and thereafter, the
private respondent went to her matrimonial home at
Gandhinagar as her husband being a chartered
accountant doing his profession in a partnership firm. The
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R/CR.MA/23579/2022 ORDER DATED: 30/01/2024
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matrimonial dispute arose after four to five months of the
marriage period. It is alleged by the respondent wife that
on petty issue, the husband, mother in law and brother in
law hurled abuses and was physically and mentally
tortured by the husband at the instance of family
members. It is further alleged that she asked to bring
Rs.10 lakhs as a dowry from her parental home and after
birth of the male child, she was subjected to harassment
by the in-laws and lastly, in the month of January-2022,
she was driven out from the matrimonial home. In these
circumstances, the private respondent by invoking the
provisions of the Domestic Violence Act, 2005 filed a
complaint which has been culminated into Criminal Misc.
Application No.6067 of 2022 which is pending for its
adjudication before the Metropolitan Magistrate Court at
Ahmedabad.
3. Pursuant to the said proceedings, the mother in law and
brother in law have preferred present application inter alia
alleging that the criminal proceedings is being initiated
with malafide intention and to defame them in the society
and thus, the same is nothing but an abuse of process of
the law and Court.
4. This Court has heard learned counsel Mr.Nandish Thackar
and Ms.Asmita Patel, learned APP for the respondent -
State. The private respondent who has filed the complaint,
though served, has not filed his appearance nor filed any
affidavit to oppose the petition.
5. Mr.Nandish Thackar, learned counsel has submitted that
the impugned proceedings has been initiated with malafide
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intention, without their being any specific instances of the
domestic violence. The applicants never lived together at
Gandhinagar as they are permanent resident of village
Talala, Junagadh and therefore, the allegations of physical
abuse having been alleged with a view to harass the
applicants and pressurize them for settlement. That after
three years of the marriage, without any justification, the
allegations of dowry being alleged against the applicants
and therefore, where the judicial process is being used as
an instrument to harass the applicants, the continuation
of the same would amount to misuse of the process of the
law and the Court and thus, this is a fit case to exercise
the inherent powers under Section 482 of the Code of
Criminal Procedure, 1973.
6. Though served, the private respondent has chosen not to
appear before this Court.
7. Having regard to the facts and circumstance of present
case and contentions raised by the applicants herein, this
Court is of the considered view that after the marriage, she
never lived at village Talala, Junagadh with the applicants
as the husband being a Chartered Accountant is running
his partnership firm in Gandhinagar and considering this
aspect, the husband and wife jointly have purchased the
flat at Gandhinagar. The private respondent has admitted
the said facts in the complaint. In such circumstances, the
allegations made against the applicants in relation to the
domestic violence seems to be false, frivolous and having
been alleged with ulterior motive. It prima facie appears
that due to marital discord with the husband, the
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applicants have been roped in by making sweeping and
general allegations without their being any specific
instances of harassment. The Apex Court in its various
judgments time and again observed that the Court must
ensure that the criminal proceedings is not used as an
instrument or for seeking private vendetta or with ulterior
motive to pressurize the opposite party and it is the
paramount duty of the superior Court is to see that the
person who is absolutely innocent is not subjected to
prosecution and humiliation on the basis of false and
wholly untenable complaint.
8. For the reasons aforesaid mentioned, the case is made out
to exercise inherent powers of this Court as so far
applicants are concerned, the allegations made in the
complaint do not prima facie constitute any act of domestic
violence or no case is made out to hold liable for the
various reliefs prayed by the private respondent under the
provisions of the Domestic Violence Act.
9. 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.
10. Resultently, the application succeeds. The complaint being
criminal proceedings being Criminal Misc. Application
No.6067 of 2022 filed by the private respondent under
Section 12 of the Domestic Violence Act, 2005 and other
consequential proceedings thereto are quashed and set
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aside, qua the applicants.
11. 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)
Rakesh
