Gujarat High Court
Sarojben D/O Amrutbhai Shrimali & W/O ... vs State Of Gujarat on 7 October, 2025
NEUTRAL CITATION
R/CR.MA/4002/2018 ORDER DATED: 07/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 4002 of 2018
With
R/CRIMINAL MISC.APPLICATION NO. 4540 of 2018
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SAROJBEN D/O AMRUTBHAI SHRIMALI & W/O KAMLESHKUMAR
PRAVINBHAI SWAMI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PUNAM G GADHVI(3724) for the Applicant(s) No. 1
VAISHALI J SHAH(8753) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
MR. SOAHAM JOSHI ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 07/10/2025
COMMON ORAL ORDER
The captioned petitions are rendered from the self
same FIR and, hence,with the consent of learned advocates
for the parties, the matter is taken up for hearing and
decided analogasly.
1. Father-in-law and sister-in-law of the complainant are
the petitioners seeking quashment of the FIR being
registered I-CR No. 6 of 2018 registered at Mehsana 'A'
division Police Station for the offences punishable under
Sections 498(A), 114 of the Indian Penal Code and under
Sections 3 and 7 of Dowry Prohibition Act and the charge
sheet being a consequential proceeding.
NEUTRAL CITATION
R/CR.MA/4002/2018 ORDER DATED: 07/10/2025
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2. During the argument of the matter learned advocate
Ms. Punam Gadhvi placed on record the judgment and
order passed by the learned Trial Court and brought to the
notice of the Court that in Criminal Case No. 2140 of 2018
arise from the self same FIR wherein the husband and
other relatives arraigned as accused were acquitted by the
learned Trial Court after testing and evaluating the
evidence on record, reasons of which are rendered in para
31 of the judgment and order. The reasons stated by the
learned Trial Court acquitting the husband on the charges
for the offence punishable under Sections 498A, 504, or 114
of the IPC and read with Section 3 and 4 of the Dowry
Prohibition Act, equally applies to the role alleged to have
been played by the petitioners.
3. Learned advocate Mr. Punam Gadhvi also referred to
the judgment in the case of Kachanben Amrubhai Shrimali
Vs. State of Gujarat in criminal Misc. Application No.
21406 of 2018 whereby the Coordinate Bench quashed the
same FIR in relation to mother-in-law.
4. In the aforesaid peculiar facts though respondent No. 2
is not served, continuation of the proceeding against the
petitioners would be abuse of process of law. When husband
and other relatives are acquitted by learned Trial Court after
testing and evaluating evidence on record and when the
Coordinate Bench quashed the FIR qua mother-in-law
NEUTRAL CITATION
R/CR.MA/4002/2018 ORDER DATED: 07/10/2025
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since the role of the petitioners are similar or lesser to role
played by mother-in-law, and much lesser than the role of
the husband, this Court is of the considered opinion that
the petition deserves consideration and requires to be
allowed.
4.1. Both the judgments referred herein above are taken on
record.
5. Both the petitions are allowed. The questioned FIR I-
CR No. 6 of 2018 filed at Mehsana 'A' division Police Station
and all the consequential proceedings arising therefrom qua
the petitioners are quashed and set aside. Rule is made
absolute to that extent.
5.1 Registry to maintain copy of the order in another
petition.
(J. C. DOSHI,J)
MARY VADAKKAN
