Gujarat High Court
Arviben D/O Rajendrakumar Joshi vs State Of Gujarat on 4 November, 2025
NEUTRAL CITATION
R/CR.MA/11802/2021 ORDER DATED: 04/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 11802 of 2021
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ARVIBEN D/O RAJENDRAKUMAR JOSHI & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1,2
HCLS COMMITTEE(4998) for the Respondent(s) No. 2
MS JK HINGORANI(2491) for the Respondent(s) No. 2
MR JAY MEHTA, ADDL. PP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 04/11/2025
ORAL ORDER
1. By way of this petition under Section 482 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as "the
Code"), the petitioners prayed for quashing and setting aside
FIR being C.R.No.I - 31 of 2019 registered with Dwarka
Police Station, for the offences punishable under Sections
332,186, 114 of the IPC as well as all other consequential
proceedings arising out of the aforesaid FIR qua the
petitioners herein.
2. The solitary contention raised by learned advocate for
the petitioners is that the incident took place in the fit of
anger and it was never the intention of the petitioners to
interrupt the services of the complainant nor to make scuffle
with the complainant. He would further submit that the
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R/CR.MA/11802/2021 ORDER DATED: 04/11/2025
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incident took place when the mother of the petitioners was in
line to offer prayer to Lord Krishna at Dwarka Mandir. He
would further submit that since the offence u/s 186 of the IPC
is registered in the FIR, the Court cannot take cognizance
until and unless private complaint is filed. To buttress his
submission, Learned advocate for the petitioners referred to
and relied upon the judgment in case of Govardhankumar
Thakoredas Asrani vs. State of Gujarat, 2018(1) GLH 63. He
would further submit that the petitioners are ready and
willing to tender unconditional apology by way of filing
affidavit before this Court. In addition to the aforesaid,
learned advocate for the petitioners would submit that one of
the accused, who was juvenile at the relevant time was
acquitted by the learned Juvenile Court after examining
merits and evidence of the case.
2.1 Upon above submissions, Learned advocate for the
petitioners requests to allow this petition, as the future of the
petitioners who are practicing doctors is at stake.
3. On the other hand, learned advocate for the private
respondent would submit that the investigation is over and
charge sheet is filed before the learned trial Court and
therefore, this Court may not entertain the petition and hence,
she prays to dismiss the petition.
4. Adopting the arguments of learned advocate for the
private respondent, learned APP requests to pass necessary
orders.
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5. Noticeable aspect coming from the facts of the case is
that trivial incident took place while the mother of the
petitioners was offering prayer to Lord Krishna at Dwarka
temple. The FIR indicates that the mother of the petitioners
was directed to put the mobile phone in the locker room,
however, she did not obey and follow the instructions and
meanwhile, according to the FIR, present petitioners
assaulted upon the complainant and caused injury to him.
However, looking to other aspects of the case including the
aspect that the Court cannot take cognizance of the offence
u/s 186 of the IPC from the charge sheet filed by the police
pursuant to the FIR and when the petitioners are ready and
willing to tender unconditional apology by way of filing
affidavit before this Court, in the peculiar facts and
circumstances, present petition deserves consideration.
6. In the case of State of Haryana Vs. B.Bhajanlal & ors., AIR
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
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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
instituted with an ulterior motive for wreaking vengeance
on the accused and with a view to spite him due to
private and personal grudge."
6.1 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.
7. In the result, present petition is allowed and impugned
FIR being C.R.No.I - 31 of 2019 registered with Dwarka
Police Station, for the offences punishable under Sections
332,186, 114 of the IPC as well as all other consequential
proceedings arising out of the aforesaid FIR qua the
petitioners herein are hereby quashed and set aside.
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8. The petitioners are directed to file affidavit of
unconditional apology before the Registry of this Court within
10 days from today.
Direct service is permitted.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
