Gujarat High CourtManchaben Pravinbhai Chauhan vs State Of Gujarat on 2 November, 2023NEUTRAL CITATION\n\n\n\n\n     R/CR.MA/13799/2015                         ORDER DATED: 02/11/2023\n\n                                                                              undefined\n\n\n\n\n             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD\n\n     R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE\n                   FIR/ORDER) NO. 13799 of 2015\n                              With\n          R/CRIMINAL MISC.APPLICATION NO. 15272 of 2015\n==========================================================\n               MANCHABEN PRAVINBHAI CHAUHAN & 1 other(s)\n                               Versus\n                     STATE OF GUJARAT & 1 other(s)\n==========================================================\nAppearance:\nDARSHIT R BRAHMBHATT(8011) for the Applicant(s) No. 1,2\nMR VINOD M GAMARA(5910) for the Respondent(s) No. 2\nMS MONALI BHATT, APP for the Respondent(s) No. 1\n==========================================================\n\n CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT\n\n                            Date : 02/11/2023\n\n                             ORAL ORDER1.              By way of these applications, the applicants are\n\nchallenging the proceeding pursuant to the FIR registered at\n\nC.R.No.I-26 of 2015 dated 26.4.2015 underSections 498A,306,506and114of the Indian Penal Code with the Vaso\n\nPolice Station, District : Kheda - Nadiad.2.              The brief facts of the prosecution case are such\n\nthat accused No.1, by an instigation of accused No.2 to 5,\n\nharassed the deceased mentally and physically, by making\n\nquarrel for the house-hold chores and thereby compelled for\n\nsuicide.Page 1 of 7Downloaded on : Mon Nov 06 20:37:16 IST 2023NEUTRAL CITATION\n\n\n\n\n      R/CR.MA/13799/2015                                  ORDER DATED: 02/11/2023\n\n                                                                                          undefined3.               Heard      learned   advocate      Mr.Brahmbhatt            for     the\n\napplicants, learned advocate Mr.Gamara for respondent no.2\n\nin Criminal Miscellaneous Application No.13799 of 2015 and\n\nlearned APP Ms.Bhatt for respondent no.1-state.\n\n\n\n3.1              Learned advocate Mr.Brahmbhatt for the applicants\n\nhas drawn my attention to the papers of the chargesheet\n\nwhich is filed during the pendency of this application and\n\nthough this Court has granted interim relief, not to proceed\n\nfurther pursuant to the FIR, however, it seems that the said\n\norder is not taken into consideration while the chargesheet is\n\nfiled by the investigating agency. It is expected that such\n\nmistake will not be repeated by the concerned investigating\n\nofficer in future.3.2              He has      further submitted         that    this     Court        has\n\ngranted interim relief in the year 2015 and essentially, from\n\nthe bare reading of the FIR, even on the perusal of the\n\nchargesheet,          the    allegations     pertain    to      the      continuous\n\nharassment - physical and mental torture are against the\n\nhusband - Jayantibhai, who has expired during the pendency\n\nof     these     applications    on    26.7.2023.      Now,      the      remaining\n\napplicants           are brother in law and sister in law of the\n\ndeceased. From reading of the FIR, which is lodged by the\n\nmother of the deceased, whereby it is specifically stated thatPage 2 of 7Downloaded on : Mon Nov 06 20:37:16 IST 2023NEUTRAL CITATION\n\n\n\n\n      R/CR.MA/13799/2015                                     ORDER DATED: 02/11/2023\n\n                                                                                            undefined\n\n\n\n\nthe deceased was residing with the present applicants in\n\nearly days of marriage and thereafter she has separated from\n\nthe     present       applicants     and    residing     separately         with       her\n\nhusband. It transpires that due to some harassment on the\n\npart of the husband - Jayantibhai and in a particular day,\n\nwhen       the     marriage     of   near    cousin     of   the     deceased         was\n\narranged, the allegation in the complaint is that at the\n\ninstance of          the   present    applicants, her husband has                      not\n\npermitted her to attend the marriage and has given some\n\nmental and physical torture to the deceased and therefore,\n\nshe has committed suicide. There is no direct                                allegation\n\nagainst any of the accused except instigation by the husband\n\nand that is also it is general in nature.3.3                He has submitted that even the ingredients ofSection 498Aof the IPC are not satisfied looking to the\n\nallegations made in the FIR against the present applicants\n\nand ingredients ofSection 306read withSection 107of IPC\n\nare not prima facie satisfied against the present applicants.\n\nThe continuation of proceedings will amount to abuse of\n\nprocess       of    law.   It   is   further        submitted      that      even       no\n\nstatements are recorded of the independent neighbours by the\n\ninvestigation. The statements which are recorded, are of the\n\nnear relatives of the deceased who have given similar nature\n\nof statements which are alleged in the FIR. He has furtherPage 3 of 7Downloaded on : Mon Nov 06 20:37:16 IST 2023NEUTRAL CITATION\n\n\n\n\n      R/CR.MA/13799/2015                                           ORDER DATED: 02/11/2023\n\n                                                                                                  undefined\n\n\n\n\nsubmitted that there is no prior complaint lodged either\n\nbefore the police authority or before any NGO regarding any\n\ntorture by the deceased or by any family members for the\n\ndeceased. Therefore, considering the judgment of Preeti Gupta\n\n& Anr. V/s. State of Jharkhand & Anr., reported in (2017) 7\nSCC       667     and       considering      the        various    judgments           of    the\n\nHon'ble Apex Court and of this Court, prima facie ingredients\n\nofSections 306and498Aare not satisfied. He, therefore,\n\nsubmitted that this Court may quash the impugned FIR and\n\nthe     consequential           proceedings,       as     the     continuation         of    the\n\nproceedings will amount to abuse of process of law and\n\nundue harassment caused to the present applicants.4.               Per contra, learned APP Ms.Bhatt has strongly\nopposed         the        contentions     raised        by     the     applicants          and\n\nsubmitted that prima facie material is found against the\n\npresent applicants. From the statements of near relatives of\n\nthe deceased, it transpires that the averments made in the\n\nFIR are supported. She has further submitted that now the\n\ncharge-       sheet        is   already     filed       during     pendency           of    this\n\napplication and the material which is available on record is\n\nrequired to tested by leading evidence during the course of\n\ntrial and therefore, she has prayed that this Court may not\n\nexercise powers underSection 482of the Code at this stage,\n\nas such powers should be exercised very sparingly.Page 4 of 7Downloaded on : Mon Nov 06 20:37:16 IST 2023NEUTRAL CITATION\n\n\n\n\n      R/CR.MA/13799/2015                                    ORDER DATED: 02/11/2023\n\n                                                                                             undefined5.               Learned advocate Mr.Gamara has also supported\n\nthe contentions raised by learned APP and has submitted\n\nthat when there is prima facie material available on the\n\nrecord and chargesheet is also filed, this Court may dismiss\n\nthis application filed by the present applicants.6.               I have considered rival submissions made by the\n\nlearned       advocates     for the respective           parties. I have               also\n\nconsidered the material produced on record, including the FIR\n\nwhich is filed for the offences punishable underSections 306,498A,506,114and107of the IPC. Considering the tenor of\n\nthe      FIR,       especially     the     allegations     are       made         against\n\nJayantilal, who happens to be the husband of the deceased,\n\notherwise from the FIR itself, it transpires that the present\n\napplicants who happens to be brother-in-law and sister-in-law\n\nof the deceased, are residing separately from the deceased.\n\nFurther, the incident has taken place as the deceased was\n\nnot permitted to attend the marriage of near relative by the\n\nhusband and the allegation due to instigation of the present\n\napplicants, the husband has not permitted the deceased to\n\nattend        the      function.    Considering          such      allegation          and\n\nconsidering the material available on the record, by way of\n\nchargesheet, the various statements which are recorded of the\n\nnear relatives are also supporting the case of the prosecutionPage 5 of 7Downloaded on : Mon Nov 06 20:37:16 IST 2023NEUTRAL CITATION\n\n\n\n\n   R/CR.MA/13799/2015                                                ORDER DATED: 02/11/2023\n\n                                                                                                   undefined\n\n\n\n\nto the above extent and from the material available on\n\nrecord, it cannot be said that there is proximity between the\n\nincident    and         any     act    of     accused         and     further        that      the\n\ningredients       which         disclosed          eminent          instigation        of      the\n\ndeceased      was        also    missing          qua        the    present         applicants.\n\nConsidering the judgment in the case of Preeti Gupta (supra)\n\nand considering the judgment of this Hon'ble Court in the\n\ncase of Dipak Jayarm Viras versus State of Gujarat reported\n\nin 2023(0) JX(Guj) 376 and considering the settled legal\n\nposition    of    law,        now-a-days         it   is     found     that     when        such\n\nunfortunate incident happens, the entire family members of\n\nthe in-laws are tried to implicate irrespective of any active\n\nparticipation of such members in the commission of such\n\noffence.    Therefore,          considering           that     aspect      also      and       the\n\nHon'ble     Apex        Court     has        also         taken    cognizance         of    such\n\nincident and observed that such practice can be deprecated\n\nand also directed the investigating agency to inquire in detail\n\nbefore     registering          such        offence        against      all     the        family\n\nmembers.         From      the    bare         reading        of    FIR       and     evidence\n\navailable on record, admittedly, the deceased was residing\n\nseparately from the present applicants and except, general\n\nallegation about instigation by the husband of the deceased,\n\nno allegation is found against the present applicants and\n\ntherefore, no ingredients ofSection 306and498Aof IPC are\n\nprima facie not satisfied and the present FIR which is filedPage 6 of 7Downloaded on : Mon Nov 06 20:37:16 IST 2023NEUTRAL CITATION\n\n\n\n\n     R/CR.MA/13799/2015                                   ORDER DATED: 02/11/2023\n\n                                                                                        undefined\n\n\n\n\nagainst      the     present   applicants        are   considered     as     grudge\n\nagainst the present applicants as they are happen to be the\n\nbrother in law and sister in law of the husband of the\n\ndeceased. Therefore, considering the decisions of the State of\n\nHaryana V/s Bhajanlal & Ors. Reported in AIR 1992 SC604. andInder Mohan Goswami and Another versus State of\nUttaranchalreported in (2007) 12 SCC 1, this is a fit case\nwhere the Court should exercise the discretion and inherent\n\npowers underSection 498Aby allowing these applications by\n\nquashing the impugned FIR and consequential proceedings.7.              Resultantly,    these   applications       are    allowed.        The\n\nimpugned FIR being C.R.No.I-26 of 2015 registered with the\n\nVaso Police Station, District : Kheda - Nadiad and all other\n\nconsequential proceedings, if any, arising out of said FIR, qua\n\nthe applicants, are hereby quashed and set aside. Direct\n\nservice is permitted.(SANDEEP N. BHATT,J)\nSRILATHAPage 7 of 7Downloaded on : Mon Nov 06 20:37:16 IST 2023