Gujarat High Court
Sagarbhai Najabhai Gadhe (Aahir)(Qua ... vs State Of Gujarat on 25 February, 2025
NEUTRAL CITATION
R/CR.MA/17232/2021 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. 17232 of 2021
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SAGARBHAI NAJABHAI GADHE (AAHIR)(qua petitioner no.1 dismissed as
per order dt.6/10/21) & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
DELETED for the Applicant(s) No. 1
MR AB GATESHANIYA(3766) for the Applicant(s) No. 2,3,4
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 25/02/2025
ORAL ORDER
1. This petition under section 482 of Cr.P.C. is filed to quash
and set aside FIR being C.R.No.I-169 of 2019 registered with
Kodinar Police Station (District Gir Somnath) for the offence
under sections 323, 498(A), 504, 506(2) and 114 of Indian Penal
Code.
2. Heard learned advocates for the parties.
3. Learned advocate Mr.Gateshaniya for the applicants after
reading FIR submits that general allegations are made against
the applicants that the applicants were taunting to the first
informant. It is submitted that apart from it, there are no
allegations alleged in the FIR to attract offence under section
498(A) of IPC read with section 323, 504, 506(2) and 114 of IPC.
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R/CR.MA/17232/2021 ORDER DATED: 25/02/2025
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Therefore, he submits to quash the FIR and allow the
application.
4. Learned APP for the respondent - State having referred to
FIR would submit that specific allegations are stated in the FIR
that the applicants were taunting the first informant in regard to
demand of dowry and extending mental harassment to the first
informant. In such circumstances, prima facie offence under
section 498A of IPC and other offences are made out. Therefore,
he submits to dismiss the petition.
5. Having heard learned advocates for the parties, at the
outset, let refer FIR, whether principle offence under section
498(A) of IPC and other offence are made out or not. The FIR /
complaint is in Gujarati, for better understanding it is translated
in English. It reads as under :-
"I and Sagar Kumar, the son of Najabhai Babubhai Gadhe
of our caste willingly married at Bhavnagar as per Hindu
rituals on 14/10/2018. Thereafter, we both went to live in
Ahmedabad. After treating me well for a month, he started
to find mistakes in trivial matters and taunting me about
household chores. He had beaten me once or twice.
However I had to sustained my marriage life, I didn't do
anything. He also stopped my studies. When he started
arguing with me about cooking and had beaten me one
day, I came back to my parental house without informing
him. I stayed in Ahmedabad about three months. At that
time, my mother-in-law, father-in-law and my brother-in-
law also used to taunt me on phone and mentally harassed
me about Kariyavar. When I came back to my parental
house, my husband Sagar came there and stated me to
come back home. Upon refusing by me, he argued with me
and abused me and stated that "if you won't come back
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R/CR.MA/17232/2021 ORDER DATED: 25/02/2025
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home, I will kill your brother and father." By stating so he
left from there. About Fifteen days later, when I and my
sister were going to our farm, my husband Sagar came
there and told me to come back home. When I refused, he
argued with me again and had beaten me. Therefore, I
talked about it to my father and filed a suit of maintenance
in Kodinar Court. Hence, my husband told me on phone
to withdraw the said suit. By stating so he continued to
harass me frequently. Therefore, I have come here with my
father to file complaint.
The cause of the said incident is that I and my
husband Sagar had willingly done love marriage.
Therefore, my mother-in-law Jahuben, father-in-law
Najabhai and brother-in-law Bhavin Kumar used to taunt
me about Kariyavar and mental tortured me. As My
husband taunted me about household chores, he
threatened to kill my father and frequently harassed me, I
have filed complaint to take lawful action against the said
persons."
6. What could be noticed from the FIR that alleged incident
took place on 14.11.2018 and complaint came to be registered
on 05.10.2019. Further what could be noticed that first
informant was staying at Ahmedabad and in laws were taunting
and demanding dowry and extending mental harassment.
According to this Court, such allegations are not attracting
offence under section 498A of IPC. So far as other offences are
concerned, there is no whisper of allegations made against the
applicants. It appears to be well drafted FIR. In frivolous or
vexatious proceedings, the Court owes duty to look into FIR,
more closely to find whether any allegations are prima facie
found against the applicants.
7. As observed herein above, qua present applicants, FIR is
no more than well drafted FIR with necessary pleadings to
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R/CR.MA/17232/2021 ORDER DATED: 25/02/2025
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misuse offence under section 498A of IPC against the applicants.
8. At this stage, I may refer to judgment of Hon'ble Apex
Court in the case of Mahmood Ali v/s. State of UP [(2023) 15
SCC 488]. In para 12 and 13, the Hon'ble Apex Court has held
as under :-
"12. We say so because once the complainant decides to
proceed against the accused with an ulterior motive for
wreaking personal vengeance, etc., then he would ensure
that the FIR/complaint is very well drafted with all the
necessary pleadings. The complainant would ensure that
the averments made in the FIR/complaint are such that
they disclose the necessary ingredients to constitute the
alleged offence. Therefore, it will not be just enough for the
Court to look into the averments made in the
FIR/complaint alone for the purpose of ascertaining
whether the necessary ingredients to constitute the alleged
offence are disclosed or not.
13. In frivolous or vexatious proceedings, the Court owes
a 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 try to read in between the lines. The Court
while exercising its jurisdiction under Section 482 of the
CrPC or Article 226 of the Constitution need not restrict
itself only to the stage of a case but is empowered to take
into account the overall circumstances leading to the
initiation/registration of the case as well as the materials
collected in the course of investigation. Take for instance
the case on hand. Multiple FIRs have been registered over
a period of time. It is in the background of such
circumstances the registration of multiple FIRs assumes
importance, thereby attracting the issue of wreaking
vengeance out of private or personal grudge as alleged."
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9. In the reason of above, the petition is allowed. FIR being
C.R.No.I-169 of 2019 registered with Kodinar Police Station,
District - Gir Somnath as well as consequential proceedings
initiated in pursuance thereof qua applicant nos.2 to 4 i.e.
Najabhai Babubhai Gadhe (Aahir), Jashuben Najabhai (Gadhe)
Aahir and Bhavinbhai Najabhai Gadhe (Aahir) are hereby
quashed and set aside in exercise of inherent jurisdiction.
10. By order dated 06.10.2021, learned advocate for the
petitioner has not pressed application qua applicant no.1 -
Sagarbhai Najabhai Gadhe (Aahir). Needless to state that trial is
going on against him and any observation made herein-above in
regard to FIR in question would not influence learned Trial Court
during trial.
(J. C. DOSHI,J)
SATISH
