Gujarat High Court
Brijal Jayeshbhai Pandya vs State Of Gujarat on 8 July, 2025
NEUTRAL CITATION
R/CR.MA/22596/2021 ORDER DATED: 08/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 22596 of 2021
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BRIJAL JAYESHBHAI PANDYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
BHAUMIK H SHAH(8188) for the Applicant(s) No. 1
MR DHRUV K DAVE(6928) for the Applicant(s) No. 1
ADVOCATE NOTICE SERVED for the Respondent(s) No. 2
MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 08/07/2025
ORAL ORDER
1. Heard learned advocate Mr. Dhruv K. Dave for the petitioner,
learned APP Mr. Tirthraj Pandya for the respondent -State. Though
served, none appeared for the respondent No.2.
2. By way of the present petition filed under Section 482 of the
Code of Criminal Procedure, 1973 (for short, "the Cr.P.C."), the
petitioners seek to quash the impugned FIR bearing
11196017211096 registered with Panigate Police Station for offences
punishable under Sections 498-A, 504, 506(2) and 114 of the Indian
Penal Code (IPC).
3. Seeking quashment of the FIR, learned advocate Mr. Dhruv K.
Dave appearing for the petitioner submitted that the petitioner,
being merely 19 years of age, is the niece of the complainant and
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R/CR.MA/22596/2021 ORDER DATED: 08/07/2025
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has never resided with her at any point of time. The allegations
levelled against her are vague, omnibus, and lack any specific
particulars as to her role in the alleged offences. It was contended
that the allegations under Section 498A of the IPC are not only
devoid of material particulars, but also do not satisfy the essential
ingredients necessary to constitute the said offence.
3.1. It is further submitted that the FIR is silent as to any specific
act of intentional insult or provocation committed by the petitioner
so as to attract the provisions of Section 504 of the IPC. Similarly,
with regard to Section 506(2) of the IPC, there is no averment in the
FIR which can be said to constitute a criminal threat of such a
nature as to cause alarm or fear in the mind of the complainant. As
far as Section 114 of the IPC is concerned, it is argued that there are
no allegations of abetment, instigation or presence of the petitioner
at the time of commission of any alleged act.
3.2. It is also pointed out that the filing of the FIR appears to be a
retaliatory action, as a counterblast to a separate FIR filed by the
sister-in-law of the complainant. Thus, the prosecution initiated
against the present applicant is nothing but an abuse of process of
law and deserves to be quashed in exercise of the inherent powers
of this Court under Section 482 of the Code of Criminal Procedure.
3.3. It is therefore submitted that the FIR does not disclose any
prima facie offence against the petitioner and deserves to be
quashed under the inherent jurisdiction of this Court under Section
482 of Cr.P.C.
4. Learned APP appearing for the Sate vehemently opposed the
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petition and submitted that the FIR discloses specific and detailed
allegations of physical and mental cruelty inflicted upon the
complainant. It is contended that the complainant was subjected to
repeated instances of abuse, harassment, and humiliation on
account of demand for dowry and other domestic issues.
4.1. With regard to Sections 504 and 506(2) of IPC, it is submitted
that the petitioners used abusive language and extended criminal
threats to the complainant, which were sufficient to cause fear and
alarm in her mind. The FIR, when read as a whole, clearly discloses
a cognizable offence and the question whether these allegations
would ultimately result in conviction is a matter for trial and cannot
be tested at the stage of quashing. Hence, the prayer for quashing
the FIR is liable to be rejected.
5. In view of the aforesaid facts and circumstances, and upon
perusal of the FIR, it clearly emerges that the allegations levelled
against the petitioner are general and lacking in specificity. The
petitioner, who is a young woman of 19 years and residing
separately, has been unnecessarily dragged into a matrimonial
dispute without any prima facie material to support her
involvement.
6. It would be apposite to refer the judgment rendered by the
Hon'ble Apex Court in the case of State of Haryana v. Bhajan Lal,
reported in 1992 Supp (1) SCC 335, wherein, in Paragraph 102, it is
held as under:
"102. In the backdrop of the interpretation of the
various relevant provisions of the Code under Ch. XIV
and of the principles of law enunciated by this court
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R/CR.MA/22596/2021 ORDER DATED: 08/07/2025
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in a series of decisions relating to the exercise of the
extraordinary power under Art. 226 or the inherent
powers under sec. 482 of the Code which we have
extracted and reproduced above, we give the
following categories of cases by way of illustration
wherein such power could be exercised either to
prevent abuse of the process of any court or
otherwise to secure the ends of justice, though it may
not be possible to lay down any precise, clearly
defined and sufficiently channelised and inflexible
guidelines or rigid formulae and to give an exhaustive
list of myriad kinds of cases wherein such power
should be exercised.
(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 in the first information
report and other materials, if any, accompanying the
FIR do not disclose a cognizable offence, justifying an
investigation by police officers under sec. 156(1) of
the Code except under an order of a Magistrate within
the purview of sec. 155(2) of the Code.
(3) Where the uncontroverted allegations made in the
FIR or complaint and the evidence collected in
support of the same do not disclose the commission
of any offence and make out a case against the
accused.
(4) Where, the allegations in the FIR do not constitute
a cognizable offence but constitute only a
noncognizable offence, no investigation is permitted
by a police officer without an order of a Magistrate as
contemplated under sec. 155(2) of the Code.
(5) Where the allegations made in the FIR 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 bar engrafted in
any of the provisions of the Code or the concerned
Act (under which a criminal proceeding is instituted)
to the institution and continuance of the proceedings
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.
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(7) Where a criminal proceeding is manifestly
attended with mala fide and/or where the proceeding
is maliciously instituted with an ulterior motive for
wreaking vengeance on the accused and with a view
to spite him due to private and personal grudge."
7. Accordingly, the petition deserves to be allowed. The FIR
being C.R. No. 11196017211096 registered with Panigate Police
Station, Vadodara, qua the present petitioner, is hereby quashed
and set aside. Rule is made absolute. No order as to costs.
(J. C. DOSHI,J)
MANISH MISHRA
