Vinisha Mahendra @ Mahen Savant vs State Of Gujarat
2024 Latest Caselaw 5659 Guj

Gujarat High Court

Vinisha Mahendra @ Mahen Savant vs State Of Gujarat on 27 June, 2024

                                                                                                NEUTRAL CITATION




     R/CR.MA/929/2019                                          ORDER DATED: 27/06/2024

                                                                                                 undefined




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
       R/CRIMINAL MISC. APPLICATION NO. 929 of 2019
            (FOR QUASHING & SET ASIDE FIR/ORDER)

=======================================================
         VINISHA MAHENDRA @ MAHEN SAVANT & ANR.
                          Versus
                 STATE OF GUJARAT & ANR.
=======================================================
Appearance:
BHAGIRATH N PATEL(9016) for the Applicant(s) No. 1
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1,2
MR HARDIK A DAVE(3764) for the Respondent(s) No. 2
MR SOAHAM JOSHI APP for the Respondent(s) No. 1
=======================================================

 CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                Date : 27/06/2024
                                     ORAL ORDER

1. By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), the applicant prays for quashing and setting aside the FIR being C.R.No.I- 02/2019 registered with Umra Police Station, Surat for the offence punishable under Sections 498A, 323, 504, 506(2), 114 and 289 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act.

2. Heard learned advocate, Mr. Tejas Satta for the applicants, learned APP Mr. Soaham Joshi for respondent no.1 and learned advocate, Mr. Hardik Dave for the respondent no.2.

3. Learned advocate, Mr. Satta submitted that the impugned FIR is filed against total 5 accused persons, wherein the applicants are shown as

NEUTRAL CITATION

R/CR.MA/929/2019 ORDER DATED: 27/06/2024

undefined

accused nos.4 and 5, who are sister-in-law and brother-in-law, who have nothing to do with the alleged commission of offence, however, they have been falsely implicated in the aforesaid FIR. Learned advocate submitted that at the time of admitting the matter, interim relief was granted and thereby further proceedings were stayed qua the applicant, however against the rest of the accused i.e. the husband, father-in-law and mother-in-law, the proceedings were proceeded further before the court concerned being Criminal Case No.16965/2019. Learned advocate submitted that at the end of trial in the said proceeding, the learned 19th Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Surat by an order dated 09.04.2024, acquitted those accused, simple copy of said judgment is produced on record. Learned advocate submitted that at the time of passing of the said order, learned Magistrate has specifically opined and observed that in the cross-examination of the complainant, she has fairly and candidly accepted that the complaint was filed in haste and there was no mental and physical torture made by the family members and they have not demanded any dowry from them and she has also received all utensils and ornaments from the in-laws and on the strength evidence led by the prosecution, the proceedings qua those accused have been terminated. Learned advocate has also tendered copy of the order dated

NEUTRAL CITATION

R/CR.MA/929/2019 ORDER DATED: 27/06/2024

undefined

06.04.2024 passed by the learned Addition Chief Judicial Magistrate, Surat in Domestic Misc. Application No.1258/2017 and submitted that on the strength of the compromise purshis, the said proceedings was also disposed of. Learned advocate has also tendered copy of the judgment and decree dated 25.04.2024 passed by the learned Judge, Family Court No.2, Asurat in Family Suit No.447/2024 and submitted that on the strength of the settlement, decree of divorce has been obtained by the parties. Learned advocate, therefore, submitted that when the proceedings qua other accused, who are closed relatives of the complainant, are terminated, continuation of proceedings against the present applicants would be futile exercise in view of the above facts and, hence, this application may be allowed and the impugned FIR may be quashed and set aside.

4. On the other hand, learned APP Mr. Joshi has opposed the grant of present application, however, fairly submitted that the proceedings qua the original accused nos.1 to 3 have been terminated and in other proceedings, on the strength of the settlement, same have been disposed of. It is, therefore, urged that appropriate order may be passed.

5. Learned advocate, Mr. Dave submitted that it is true that FIR has been quashed qua the original accused nos.1 to 3 and decree of divorce has been passed on the strength of the settlement arrived

NEUTRAL CITATION

R/CR.MA/929/2019 ORDER DATED: 27/06/2024

undefined

at between the husband and wife. Learned advocate, therefore, submitted that appropriate order may be passed.

6. At this stage, it is required to be stated that in catena of decisions, the Hon'ble Apex Court as well as this Court have held that inherent powers could be exercised by the High Court to give effect to an order under Cr.P.C.; to prevent of abuse of process of Court; and to otherwise secure ends of justice. Thus, considering the peculiar facts and circumstances of present case, this Court is of the considered opinion that there is minimal chances of witnesses coming forward in support of the prosecution and chances of conviction appears to be remote and/or bleak. In such circumstances, it would be unnecessary harassment and futile attempt if the prosecution is allowed to continue.

7. I have also considered the the principle of law laid down by the Hon'ble Apex Court in case of State of Haryana Vs. Bhajan Lal, reported in AIR 1992 SC 604. The Hon'ble Apex Court in the said judgment in case of Bhajan Lal (supra) has issued certain guidelines, which are required to be taken into consideration at the time of deciding quashing petition. The relevant para reads 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

NEUTRAL CITATION

R/CR.MA/929/2019 ORDER DATED: 27/06/2024

undefined

enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers u/s 482 of the Code of Criminal Procedure which we have extracted and reproduced above, the following categories of cases are given 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 formula 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
                   F.I.R.     do      not     disclose        a    cognizable
                   offence,        justifying         an     investigation
                   by      police        officers          under         Section






                                                                                                NEUTRAL CITATION




R/CR.MA/929/2019                                                ORDER DATED: 27/06/2024

                                                                                                undefined




                   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 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 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

NEUTRAL CITATION

R/CR.MA/929/2019 ORDER DATED: 27/06/2024

undefined

the Code or the concerned Act, (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."

8. In view of the aforesaid decision of the Hon'ble Supreme Court and in view of the rival submissions canvassed by learned advocates for the parties, it is found out that the impugned FIR has been lodged alleging inter alia about the mental and physical torture meted out to the complainant and demand of dowry against the accused persons, who are family members. It is also found out that proceedings arising out of the impugned FIR qua the original accused nos.1 to 3, who are husband, father-in-law and mother-in-law have been concluded and an order of acquittal has been passed by the court concerned. Not only that, proceeding under the Domestic Violence Act has also been disposed of on the strength of the settlement. Further decree of divorce has been passed by the court concerned on the strength of the settlement. Thus in view of the above facts, it is clear that when the proceedings are qua other accused have been concluded at the end of trial, continuation of proceedings against the present applicants would

NEUTRAL CITATION

R/CR.MA/929/2019 ORDER DATED: 27/06/2024

undefined

be futile exercise and, hence, the impugned FIR deserves to be quashed and set aside.

9. Resultantly, this application is allowed. The impugned FIR being C.R.No.I-02/2019 registered with Umra Police Station, Surat and all other consequential proceedings arising out of said FIR are hereby quashed and set aside.

10. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

Sd/-

(DIVYESH A. JOSHI, J.) Gautam