Gujarat High Court
Jay Dipakbhai Mehta(Dismissed As Not ... vs State Of Gujarat on 1 May, 2024
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/SCR.A/4841/2022 ORDER DATED: 01/05/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 4841 of 2022
With
CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2022
In R/SPECIAL CRIMINAL APPLICATION NO. 4841 of 2022
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JAY DIPAKBHAI MEHTA(DISMISSED AS NOT PRESSED) & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR JAL UNWALA, SENIOR COUNSEL ASSISTED BY MR ABHISHEK M
MEHTA(3469) for the Applicant(s) No. 2,3,4
PETITION/APPEAL WITHDRAWN/DISMISSED for the Applicant(s) No. 1
MR DIGANT B KAKKAD(6523) 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 : 01/05/2024
COMMON ORAL ORDER
Order in Special Criminal Application No.4841 of 2022
1. By invoking inherent powers of this Court under
Section 482 of Cr.P.C., the applicants-original accused
have preferred this application thereby they seek
quashing of the FIR being C.R. No.11218001220005 of
2022 registered with Mahila Police Station,
Porbandar for the offence punishable under Sections
498A, 323, 504, 506(2) and 114 of the IPC and Sections 3
and 5 of the Dowry Prohibition Act, 1961.
2. This Court has heard learned senior counsel Mr. Jal
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Unwala assisted by Mr. Abhishek Mehta, Ms. C.M. Shah,
learned APP and Mr. Digant Kakkad for the respective
parties.
3. Brief facts giving rise to file this application are that,
the second respondent - Gunjan Mehta, has lodged the
aforesaid FIR against husband, younger brother-in-law,
mother-in-law and father-in-law, inter alia, alleging that,
she has been subjected to cruelty and harassment
mentally and physically by the husband and his relatives,
on the domestic issue as well as on the issue of demand of
dowry. The said FIR was lodged on 30.03.2022. The
investigating agency of the case, filed a chargesheet
against the accused. The marriage of the second
respondent with the accused no.1 - Jay Mehta was
solemnized on 30.11.2017. They met through matrimonial
site. After marriage, the first informant and accused lived
in a joint family at Ahmedabad. Out of the said wedlock,
the couple was blessed with the son who is presently is
with the wife. According to the allegations made by her in
the FIR, it is alleged that, she was subjected to cruelty and
harassment by the husband and his relatives, mainly on
the ground that, she had suppressed the facts about her
illness as she was suffering from Type-1 Diabetes. The
another reason disclosed in the FIR is that, due to her
diabetic condition, she suffered brain thrombosis and was
unconscious for two days. In such situation, she was not
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taken to the hospital. The third issue raised is that, the
mother-in-law, abused her by saying that, your hands are
of no use and we don't want to keep you in the family. It is
further alleged that, on 25.02.2021, the quarrel took place
between the husband and wife, as a result, she was
abused physically by the husband. She called police by
dialing 100 number. Before the police could reach there,
the dispute was resolved amicably by the parties. It is
alleged that, on 18.03.2022, due to matrimonial dispute,
the quarrel took place between husband and wife, as a
result, she was compelled to leave the matrimonial house
and since 20.03.2022, she is living at Porbandar. So far as
younger brother-in-law is concerned, it is alleged that, he
administered a threat that he will kill her by the
headstrong persons of Porbandar. So far as father-in-law is
concerned, it is alleged that, by telephonic talk with her
father, he had pressurized the father of the wife to take
her back at Porbandar. So far as husband is concerned, it
is alleged that, he having habit of drinking wine and used
to beat her on the domestic issues and due to maintaining
illegal relations with women, she was abused and
harassed by him and despite of sufficient dowry given at
the time of marriage, he was demanding Rs.10 lacs to be
brought from her parental home.
4. In the aforesaid facts and circumstances, after
registration of FIR, the husband and in-laws are before this
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Court with the present quashing application. The husband
has withdrawn this application, therefore, qua him, the
application stands dismissed.
5. Mr. Jal Unwala, learned senior counsel appearing for
and on behalf of the applicants has submitted that, the
questioned FIR is nothing but an abuse of process of law
and it has been registered with oblique motive and by way
of vengeance towards the applicants. It is a counterblast
to the divorce petition filed by the husband. The
allegations are false and baseless and are too vague and
general in nature which lacks the ingredients of offence of
cruelty and demand of dowry. That, the applicants-
brother-in-law, mother-in-law and father-in-law by making
false and baseless allegations have been falsely
impleaded as accused.
6. In view of the aforesaid contentions, the allegations
qua the applicants even if taken on its face value, do not
constitute any offence, nor make out a case. Thus, Mr.
Unwala, learned senior counsel would urge that, the
continuation of the criminal proceedings would amount to
abuse and misuse of process of law and court and this is a
fit case to exercise inherent powers under Section 482 of
Cr.P.C.
7. On the other hand, Mr. Digant Kakkad, learned
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counsel appearing for second respondent-wife has
submitted that, the specific allegation of harassment
being made against each of the applicants. When the wife
was suffering from illness, the mother-in-law tortured her
by saying that the her hands are of no use. The brother-in-
law had administered a threat to her by saying that he will
kill her through headstrong persons of Porbandar. So far
as father-in-law is concerned, it is alleged, that he made a
conversation on call with the father of wife that they do
not want to keep her in the house. In such set of
circumstances, learne counsel Mr. Kakkad relying upon the
judgment of the Apex Court delivered in case of Taramani
Prakash vs. State of Madhya Pradesh (2015 11 SCC 260)
has contended that, when the factual foundation for an
offence has been laid down, the High Court should be
reluctant and should not hasten to quash the proceedings
as same would be tested and tried by the trial court.
8. Mr. Digant Kakkad, learned counsel lastly submitted
that, where the prima-facie case is made out, this Court
under Section 482, cannot examine reliability or otherwise
of the allegations.
9. Ms. C.M. Shah, learned APP has submitted that, the
chargesheet against the applicants after investigation has
been laid before the court concerned. Thus, the material
would clearly establish that the prima-facie offence is
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made out against the applicants. In such circumstances,
she would urge that, no case is made out to quash the
criminal proceedings.
10. The law relating to quashing is well settled. If the
allegations are absurd or do not make out any case and
the court is satisfied that there is abuse of process of law,
the proceedings can be quashed.
11. Recently, the Supreme Court had an occasion to deal
with the identical issue, in the case of Achin Gupta vs.
State of Haryana (2024 LawSuit (SC 392)). Referring the
earlier pronouncements (Preeti Gupta vs. State of
Jharkhand (2010 Criminal Law Journal SC 4303), Arnesh
Kumar vs. State of Bihar (Criminal Appeal No.1277 of
2014), Geeta Mehrotra vs. State of U.P. ((2012) 10 SCC
741) and relying on the parameters of quashing laid down
in the case of Bhajan Lal, the Supreme Court in the said
judgment, observed and held that, when an accused
comes before the High Court, invoking either inherent
powers or the extraordinary jurisdiction under Article 226
and 227 of the Constitution of India to get the FIR or
criminal proceedings quashed, essentially on the ground
that such proceedings are manifestly frivolous or
vexatious or instituted with ulterior motive of wrecking
vengeance, then in such circumstances, the High Court
owes a duty to look into the FIR with care and a little more
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closely. It was further observed that, it will not be enough
for the court to look into the averments made in the FIR
alone for the purpose of ascertaining whether the
necessary ingredients to constitute the alleged offence are
disclosed or not as in a frivolous or vexatious proceedings
the court owes the duty to look into many other attending
circumstances emerging from the record of the case over
and above the averments, and, if need be with due care
and circumspection, to try and read between the lines.
12. In light of the settled position of law and applying it
to the facts and circumstances of present case, this Court
is of considered view that, the allegations made against
the mother-in-law seems to be inherently improbable.
There is no purpose in saying to the daughter-in-law that
your hands are of no use. So far as brother-in-law and
father-in-law are concerned, the allegations made against
them are general in nature and there is no any specific
date being disclosed on the issue of phone conversation
with the father of the wife. The allegations of threat qua
brother-in-law would also do not attract the ingredients of
act of cruelty and harassment. It is pertinent to note that,
the wife is suffering from Type-1 Diabetes and the said
fact came into knowledge of husband when she suffered
brain thrombosis. This is the root cause of the dispute
between husband and wife. There is no any allegation that
the applicants-in-laws used to demand a dowry and
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harassed her on the other domestic issues etc. The
divorce petition by the husband filed on 16.03.2022. The
questioned FIR was filed on 30.03.2022. Thus, this Court
finds merits in the submission made hereinabove that
registration of FIR against the in-laws is nothing but a
counterblast to the divorce proceedings. The allegations
qua the in-laws as observed hereinabove are general in
nature and do not attract the ingredients of the offence of
cruelty and demand of dowry. In the facts of present case,
it will be beneficial to refer the observations with respect
to inherent powers of the Court under Section 482 of
Cr.P.C. made by the Supreme Court in case of Vinit Kumar
vs. State of U.P. (2017 13 SCC 369), where it was held
that, "inherent powers given to the High Court under
Section 482 of Cr.P.C. is with the purpose and object of
advancement of justice. In case the solemn process of
Court is sought to be abused by a person with some
oblique motive, the Court has to thwart the attempt at the
very threshold. The Court cannot permit a prosecution to
go on if the case falls in one of the categories as
illustratively enumerated in case of State of Haryana vs.
Bhajan Lal (1992 Supp. (1) scc 335).
13. For the reasons recorded, this Court is convinced that
case of the applicants would fall under the categories (i)
and (vii) as enumerated in case of Bhajan Lal (supra).
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14. Resultantly, this application is allowed. The impugned
FIR being C.R. No.11218001220005 of 2022
registered with Mahila Police Station, Porbandar 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.
Order in Criminal Misc. Application (For Stay) No.1 of 2022
In view of order passed in the main matter, cause for
filing this application would not survive and hence,
present application stands disposed of accordingly.
(ILESH J. VORA,J)
TAUSIF SAIYED
