Gujarat High Court
Hemina W/O Manishkumar Patel vs State Of Gujarat on 25 February, 2025
NEUTRAL CITATION
R/CR.MA/13656/2019 ORDER DATED: 25/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 13656 of 2019
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HEMINA W/O MANISHKUMAR PATEL & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS DEVANSHI SINGH FOR MR VIRAT G POPAT(3710) for the Applicant(s)
No. 1,2
MR APURVA A DAVE(3777) for the Respondent(s) No. 2
MR ROHAN RAVAL, ADDL.PUBLIC PROSECUTOR for Respondent No.1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 25/02/2025
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for the
respondent - State and learned advocate Mr.Apurva Dave waives
service of notice of rule for respondent no.2.
1.1 By this application under Section 482 of the Code of
Criminal Procedure (for short "the Code"), the applicants seek
quashing of the FIR registered as I-C.R. No.238 of 2019 with
Shaherkotda Police Station, Ahmedabad for the offence
punishable under Sections 498-A, 376, 506(2) and 114 of the
Indian Penal Code read with Sections 3(2)(v)(a), 3(1)(w)(i) and
3(1)(w)(viii) of the the Scheduled Caste and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 and further proceedings
arising thereof.
2. Heard learned Advocates appearing for the respective
parties.
NEUTRAL CITATION
R/CR.MA/13656/2019 ORDER DATED: 25/02/2025
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3. In FIR where the offence punishable under Sections 498-A,
376, 506(2) and 114 of the Indian Penal Code read with Sections
3(2)(v)(a), 3(1)(w)(i) and 3(1)(w)(viii) of the the Atrocities Act are
alleged, the status of the present petitioners is brother-in-law
(Nandoi) and sister-in-law (Nanad) of the first informant.
4. Leaned advocate Ms.Devanshi Singh for learned advocate
Mr.Virat Popat for the petitioners submits that the husband and
wife have taken up divorce with mutual consent under Section
13(B) of the Hindu Marriage Act and she places on record
judgment and decree dated 10.04.2023 delivered by the learned
Family Court in Family Suit No.277 of 2023, which is taken on
record.
5. On perusal of the FIR, what could be noticed that since
present petitioners are Nanad and Nandoi who are living
separately since long and no allegations of committing rape upon
first informant by present petitioners is alleged. A limited offence
alleged against the petitioner is with regard to Section 498-A of
IPC and under the Atrocities Act. However, considering the facts
and circumstances of the case as well as looking to the tenor of
FIR, even if it is taken as correct and true averments, it does not
constitute offence arising out of the FIR, since parties have
settled their dispute and by mutual consent they have taken up
divorce. Hence, the present petition deserves consideration.
6. Resultantly, the present petition is allowed. The FIR
registered as I-C.R. No.238 of 2019 with Shaherkotda Police
Station, Ahmedabad for the offence punishable under Sections
NEUTRAL CITATION
R/CR.MA/13656/2019 ORDER DATED: 25/02/2025
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498-A, 376, 506(2) and 114 of the Indian Penal Code read with
Sections 3(2)(v)(a), 3(1)(w)(i) and 3(1)(w)(viii) of the the Scheduled
Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989
and further proceedings arising thereof is hereby quashed qua
the petitioners. Rule is made absolute. Direct service is
permitted.
(J. C. DOSHI, J)
GAURAV J THAKER
