Gujarat High Court
Rajniben D/O Gaurishankar Mevani vs State Of Gujarat on 23 April, 2025
NEUTRAL CITATION
R/CR.MA/14331/2019 ORDER DATED: 23/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 14331 of 2019
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RAJNIBEN D/O GAURISHANKAR MEVANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. ZALAK B PIPALIA(6161) for the Applicant(s) No. 1
MR SOHAM JOSHI, 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 J. C. DOSHI
Date : 23/04/2025
ORAL ORDER
1. By way of this application under Section 482 of the Code of
Criminal Procedure, 1973, the applicant has prayed to quash
and set aside the FIR being II-C.R.No.126 of 2010 registered with
Mahila Police Station, Rajkot City for the offences under
Sections 498(A), 323, 504, 506(2) and 114 of Indian Penal Code
and all the consequential proceedings arising therefrom.
2. Learned advocate for the applicant would submit that as
per FIR the petitioner is paramour of husband of complainant.
Learned advocate for the applicant takes this Court through
relevant allegations in the FIR and submits that except
allegations that the petitioner was in relationship with husband
of the complainant, there is no other allegations levelled against
the petitioner. Learned advocate for the applicant having referred
to judgment of Hon'ble Apex Court in the case of U.Suvetha v/s.
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R/CR.MA/14331/2019 ORDER DATED: 23/04/2025
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State by Inspector of Police [2009 (6) SCC 757] and in the case of
Dechamma I.M.@ Dechamma Koushik v/s. State of Karanataka
[2024(0) INSC 972] would submit that term relative of husband
of woman does not include girl-friend as relative of husband of
woman. He would submit that word relative brings within
purview of status and such status must be conferred either by
blood or marriage or adoption. In the present case, petitioner is
not relative of husband of woman and provision of section 498(A)
would not be attracted.
2.1. Upon above submissions, it is submitted to allow the
application.
3. Learned APP Mr.Joshi submits that apart from section
498(A) of IPC, allegations of offence under section 323, 504,
506(2) and 114 of IPC are made in the FIR. It is submitted that
since necessary ingredient are found from the FIR, it is
submitted not to quash the FIR and submitted to dismiss the
application.
4. I have heard learned advocates for both the sides, perused
record as well as authority cited at bar. It is noticed that the
petitioner is alleged to be girl-friend of the husband of the
complainant. No status has been align with the petitioner.
Learned APP who argued to disallow the application, could not
found any relationship of petitioner with husband of
complainant, except she being girl-friend of the husband. I may
refer to relevant part of the FIR, which reads as under :-
"My husband reiterated and threatened me, "I have an
NEUTRAL CITATION
R/CR.MA/14331/2019 ORDER DATED: 23/04/2025
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affair with a woman named Rajniben, daughter of
Shankarbhai Sindhi, residing in Rajkot. Therefore, you
must divorce me, otherwise I shall kill you." Additionally, a
woman named Rajniben would frequently visit our home
and assert "I have affair with your husband Bharat,
therefore you should divorce Bharat." She uttered abusive
words to me causing harassment and severe mental and
physical cruelty. Furthermore, on several occasions,
Rajniben accosted me in public places, reiterating "Leave
your husband otherwise I will harass you." and entered to
quarrel."
6. Examined the allegations levelled in the FIR, which
indicates that apart from petitioner being girl-friend of husband
of complainant, no other relative has been align to her. Hon'ble
Apex Court in the case of Dechamma I.M. Koushik (supra)
having referring to judgment in the case of U.Suvetha (supra),
held in para 8 to 10 as under :-
"8. This Court, in the case of U. Suvetha (supra), had an
occasion to consider a question as to whether the girlfriend
or a woman with whom a man has had romantic or sexual
relations outside of marriage would be a "relative of the
husband" for the purposes of prosecution under Section
498A of IPC.
9. This Court, after considering the earlier judgments of
this Court and the dictionary meaning of a relative,
observed thus:-
"18. By no stretch of imagination would a girlfriend
or even a concubine in an etymological sense be a
"relative". The word "relative" brings within its
purview a status. Such a status must be conferred
either by blood or marriage or adoption. If no
marriage has taken place, the question of one being
relative of another would not arise."
10. It could thus be seen that this Court has, in
unequivocal terms, held that a girlfriend or even a woman
with whom a man has had romantic or sexual relations
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R/CR.MA/14331/2019 ORDER DATED: 23/04/2025
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outside of marriage could not be construed to be a
relative."
7. Apart from above material placed on record by way of FIR
as well as charge-sheet, no other offence alleged in the FIR
attract essential ingredients of sections 323, 504, 506(2) of IPC
are missing in absence of documentary evidence supporting case
of complainant. In this circumstances, the petitioner cannot be
permitted to face rigmarole of the trial.
8. In view of above, present petition is partly allowed. FIR
being II-C.R.No.126 of 2010 registered with Mahila Police
Station, Rajkot City as well as all consequential proceedings
initiated in pursuance thereof are hereby quashed and set aside
qua the applicant. Direct service is permitted.
(J. C. DOSHI,J)
SATISH
