[Cites 10, Cited by 0]
Gujarat High Court
Deval S/O Sudhir Amlani vs State Of Gujarat on 17 March, 2026
NEUTRAL CITATION
R/CR.MA/17791/2021 JUDGMENT DATED: 17/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 17791 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
✔
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DEVAL S/O SUDHIR AMLANI & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR.FENIL PRAJAPATI for MR VIRAT G POPAT(3710) for the Applicant(s)
No. 1,2,3
MS. MAYURI P CHAUHAN(7069) for the Respondent(s) No. 2
MS.VRUNDA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 17/03/2026
JUDGMENT
1. This application is filed for quashment of the FIR being
CR No.11218001210011/2021, registered with Mahila
Police Station Porbandar, for the offence punishable
under section 498A, 323, 504, 506(2), 114 of the IPC. At
the outset, it is required to be noted that initially the
application was filed qua all the accused, subsequently
for the applicant No. 3 namely Amit Sudhirbhai Amlani,
the application was withdrawn, therefore, the
NEUTRAL CITATION
R/CR.MA/17791/2021 JUDGMENT DATED: 17/03/2026
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consideration is confined qua applicant No. 1 Devalben
who is the sister-in-law and Kamalben who is mother-in-
law.
2. Heard learned advocate Mr.Fenil Prajapati for the
applicant and learned advocate Ms.Mayuri Chauhan for
respondent no.2 and learned APP Ms.Vrunda Shah for
the respondent-State.
3. It is submitted by the learned advocate Mr.Fenil
Prajapati that the trial was proceeded qua husband and
the judgment and order of acquittal was passed by the
learned trial court on 29.08.2023. It is submitted by
learned advocate that even otherwise also, the
allegations made in the FIR appears to extort the
pressure on husband and considering the general
allegations, against the mother-in-law and sister-in-law,
the FIR is nothing but an abuse of process of law. In that
background, the present FIR is required to be quashed.
4. Per contra, it is submitted by the learned advocate
Ms.Mayuri Chauhan, appearing for the complainant, as
well as learned APP Ms.Vrunda Shah that even if the
husband is acquitted by the learned trial court however,
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R/CR.MA/17791/2021 JUDGMENT DATED: 17/03/2026
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the investigation is stayed qua the other accused who
are the sister-in-law and the mother-in-law, therefore, at
this stage the FIR cannot be said to be an abuse of the
process of law and same is required to be investigated.
5. Having considered the submissions made by the learned
advocates for the respective parties and on referring the
judgment rendered by the learned trial court in Criminal
Case No. 11170 of 2021 dated 29.08.2023, where the
FIR against the husband was culminated into the
charge-sheet and ultimately, learned trial court has
acquitted the husband from the alleged offences. On
referring the allegation against the present applicants,
this Court is of the considered view that it is general in
nature and to extort the pressure on the husband, such
allegations are made. Considering the overall
circumstances, continuation of the FIR is nothing but
merely harassment to the applicants and in that
background, same is required to be quashed and set
aside.
6. This Court has referred the decision of the Apex Court in
the case of State of Haryana vs. Bhajan Lal reported
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in 1992 Supp (1) SCC 335, wherein the Apex Court
has held that the High Court should not embark upon an
inquiry into the merits and demerits of the allegations
and quash the proceedings without allowing the
investigating agency to complete its task. At the same
time, in the following cases, FIR/complaint can be
quashed:
(i) 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.
(ii) 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 Section 156(1) CrPC except under an order of a
Magistrate within the purview of Section 155(2) CrPC.
(iii) 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.
(iv) Where the allegations in the FIR do not constitute a
cognizable offence but constitute only a non-cognizable offence,
no investigation is permitted by a police officer without an
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R/CR.MA/17791/2021 JUDGMENT DATED: 17/03/2026
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order of a Magistrate as contemplated under Section 155(2)
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(v) 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.
(vi) Where there is an express legal bar engrafted in any of the
provisions of CrPC or the Act concerned (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 Act concerned, providing
efficacious redress for the grievance of the aggrieved party.
(vii) Where a criminal proceeding is manifestly attended with
mala fides 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. In the opinion of this Court the case falls under the
category of Exception (i) & (v) from the case of
Bhajanlal (supra). In that background, this Court
observes that the FIR appears to be nothing but
harassment to the applicant, therefore this Court is of
the view that the present FIR deserves to be quashed.
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R/CR.MA/17791/2021 JUDGMENT DATED: 17/03/2026
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8. Resultantly the application is allowed. The FIR being CR
No.11218001210011/2021, registered with Mahila
Police Station Porbandar as well as all consequential
proceedings are hereby quashed and set aside
(M. K. THAKKER,J)
ARCHANA S. PILLAI
