Gujarat High Court
Chhayaben Raghjibhai Asari vs State Of Gujarat on 11 August, 2025
NEUTRAL CITATION
R/CR.MA/17649/2015 ORDER DATED: 11/08/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 17649 of 2015
==========================================================
CHHAYABEN RAGHJIBHAI ASARI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR HEMANT B RAVAL(3491) for the petitioner(s) No. 1
MR. BHAVIK P SHAH(6391) for the Respondent(s) No. 2
MR CHINTAN DAVE, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 11/08/2025
ORAL ORDER
1. By way of this application under Section 482 of the Code of
Criminal Procedure, 1973, the petitioner has prayed to quash
and set aside the FIR being I - C.R. No.17 of 2014 registered with
Ranip Police Station for the offences under Sections 498(A), 323,
294(B), 506(2) and 114 of Indian Penal Code, u/s 3,7 of the
Dowry Prohibition Act and all the consequential proceedings
arising therefrom.
2. Learned advocate for the petitioner would submit that as
per FIR the petitioner is paramour of husband of complainant.
Learned advocate for the petitioner 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
NEUTRAL CITATION
R/CR.MA/17649/2015 ORDER DATED: 11/08/2025
undefined
the petitioner. Learned advocate for the petitioner having
referred to judgment of Hon'ble Apex Court in the case of
U.Suvetha v/s. 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 / neighbour 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 advocate for the complainant submits that apart
from section 498(A) of IPC, allegations of offence under section
323, 294(B), 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. Learned APP adopting the arguments of learned advocate
for the complainant, would submit to dismiss the petition.
5. 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/neighbour of the husband of
the complainant. No status has been align with the petitioner.
NEUTRAL CITATION
R/CR.MA/17649/2015 ORDER DATED: 11/08/2025
undefined
Learned advocate for the complainant, who argued to disallow
the application, could not found any relationship of petitioner
with husband of complainant, except she being girl-friend/
neighbour of the husband.
6. Examined the allegations levelled in the FIR, which
indicates that apart from petitioner being girl-friend / neighbour
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 outside of
marriage could not be construed to be a relative."
7. Apart from above material placed on record by way of FIR,
no other offence alleged in the FIR attract essential ingredients of
NEUTRAL CITATION
R/CR.MA/17649/2015 ORDER DATED: 11/08/2025
undefined
sections 323, 294(B), 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 allowed. FIR being I -
C.R. No.17 of 2014 registered with Ranip Police Station as well
as all consequential proceedings initiated in pursuance thereof
are hereby quashed and set aside qua the petitioner. Rule made
absolute to the aforesaid extent. Direct service is permitted.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
