Gujarat High Court
Masribhai Naranbhai Nandaniya vs Sabinaben Hasambhai Bloch on 31 July, 2025
NEUTRAL CITATION
R/CR.MA/20224/2014 ORDER DATED: 31/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 20224 of 2014
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MASRIBHAI NARANBHAI NANDANIYA
Versus
SABINABEN HASAMBHAI BLOCH & ANR.
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Appearance:
MS BHAVIKA H KOTECHA(2942) for the Applicant(s) No. 1
MS SAPANABEN R TAVAR(12102) for the Respondent(s) No. 1
MR TIRTHRAJ PANDYA, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 31/07/2025
ORAL ORDER
1. The petition is preferred by the petitioner, who is a
practicing advocate, seeking quashment of FIR being I - C.R.
No.39 of 2014 registered with Mithapur Police Station for the
offence punishable u/s 376, 315, 114 of the IPC culminating
into charge sheet against him.
2. The petitioner is arraigned as accused on the ground
that he has illegally terminated the child conceived by the
victim out of act of rape.
3. Learned advocate for the petitioner places on record
certified copy of the deposition of the witness recorded before
the learned trial Court (Exh.31) and also the judgment
delivered in Sessions Case No.21 of 2016 against main
NEUTRAL CITATION
R/CR.MA/20224/2014 ORDER DATED: 31/07/2025
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accused Mr. Salmankhan Pathan and submitted that the
victim turned hostile as she married to the accused and
further submitted that pursuant to which, main accused has
been acquitted. Said judgment is taken on record. Therefore,
continuation of the proceedings against the petitioner is abuse
of process of law. Upon such submission, learned advocate
for the petitioner prays to allow this petition.
4. Learned APP in the peculiar facts and circumstances of
the case, requests the Court to pass necessary orders.
5. Heard learned advocates for the respective parties.
Learned advocate for respondent No.1 is absent when the
matter is called out.
6. The deposition of the witness indicates that she turned
hostile. The relationship is consensual and since she
conceived child, she has filed the FIR. She further admitted
that later on, she married to main accused and conceived
child again and presently, she is a proud mother of the born
child aging 5 years. The judgment of Sessions Case No.21 of
2016 also records that relationship between the parties were
consensual. Since the victim missed her menses, she
suspected that she is pregnant.
7. In the aforesaid circumstances, I find that the role of the
present petitioner is limited to the extent of illegally aborting
the child. Therefore, present petition deserves consideration.
8. In the case of State of Haryana Vs. B.Bhajanlal & ors., AIR
NEUTRAL CITATION
R/CR.MA/20224/2014 ORDER DATED: 31/07/2025
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1992 SC 604, the Hon'ble Apex Court summed up the
proposition of law, which reads as under:-
"(1) Where the allegations made in the First Information
Report or the complaint, even if they are taken at their
face value and accepted in their entirety do not prima
facie constitute any offence or make out a case against
the accused.
(2) Where the allegations ins the F.I.R. and other
materials, if any, accompanying the F.I.R. do not disclose
a cognizable offence, justifying an investigation by police
officers under S.156(1) of the Code except under an order
of a Magistrate within the purview of S.155(2) of the code.
(3) Where, the uncontroverted allegations made in the
F.I.R. or complaint and the evidence collected in support
of the same donot disclose the commission of any offence
and make out the case against the accused.
(4) Where, the allegations in the F.I.R. do not constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate as contemplated under
S.155(2) of the Code.
(5) Whether, the allegations made in the F.I.R. or
complaint are sO absurd and inherently improbable on
the basis of which no prudent person can ever reach a
just conclusion that there is sufficient ground for
proceeding against the accused.
(6) Where, there is an express legal bare engrafted in any
of the provisions of the Code or the concerned Act (under
which a criminal proceeding is instituted) toi the
institution and/or where there is a specific provision in
the Code or the concerned Act, providing efficacious
redress for the grievance of the aggrieved party.
(7) Where a criminal proceeding is manifestly attended
with malafide and/or where the proceeding is maliciously
NEUTRAL CITATION
R/CR.MA/20224/2014 ORDER DATED: 31/07/2025
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instituted with an ulterior motive for wreaking vengeance
on the accused and with a view to spite him due to
private and personal grudge."
8.1 The findings of the Hon'ble Apex Court in para 1,3 and 7
are attracted in the present case. In view of above, present
petition deserves consideration.
9. In the result, present petition is allowed and impugned
FIR being I - C.R. No.39 of 2014 registered with Mithapur
Police Station for the offence punishable u/s 376, 315, 114 of
the IPC culminating into charge sheet as well as all other
consequential proceedings arising out of the aforesaid FIR qua
the petitioner herein are hereby quashed and set aside. Direct
service is permitted.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
