Gujarat High Court
Ravindra @ Kanubhai Dineshbhai Patel vs State Of Gujarat & on 10 April, 2017
Author: N.V.Anjaria
Bench: N.V.Anjaria
R/CR.MA/12066/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO.
12066 of 2014
==========================================================
RAVINDRA @ KANUBHAI DINESHBHAI PATEL....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
==========================================================
Appearance:
MR MAHENDRA K PATEL, ADVOCATE for the Applicant(s) No. 1
MR PARAG M KULKARNI, ADVOCATE for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR. RONAK RAVAL,Additional Public Prosecutor for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 10/04/2017
ORAL ORDER
Rule. Learned Additional Public Prosecutor Mr.Ronak Raval waives service of notice of Rule on behalf of the respondent-State.
2. Invoking section 482 of the Code of Criminal Procedure, 1973, the applicant accused herein has prayed for quashment of the First Information Report bearing Crime Register No. I-112 of 2014 registered on 08.06.2014 with B Division Police Station, Mehsana. The FIR in question alleged the commission of offences under sections 366, 376 and 114 of Indian Penal Code, 1860.
3. The first informant was 21 years old, who stated that she was studying in the second year B. Com. at Mehsana Nagalpur college. She stated her date of birth to be 16.09.1993 and further stated that her Page 1 of 6 HC-NIC Page 1 of 6 Created On Tue Aug 15 20:28:26 IST 2017 R/CR.MA/12066/2014 ORDER father had been doing agricultural work and all family members stayed at the place mentioned. According to the first informant, when she was studying in the college in the second year B. Com., the applicant accused was also studying in the third year B. Com. Since both were in the same college, they knew each other. Since last six months, they had come closer and became friends, because of which they used to meet quite often in the college premises and used to talk, stated the first informant. She then stated that later both fell in love of each other.
3.1 The first informant further stated that the applicant used to bring the articles and things needed by her and both also used to pay visit to market quite often and also used to eat and dine together. It was stated that they both had decided to elope, however, she was afraid of her parents, and therefore was reluctant to run away with the applicant. The applicant used to tell the complainant that if her parents were ready and permit, they both would contract marriage in the court of law and thereafter would stay together. The complainant then alleged that she was tempted and enticed by such talks and promised him that she would obey whatever he was to ask and tell her. The complainant thereafter stated that on 8.5.2014, as agreed, under the excuse to go for purchase the milk, she came to the college taking her birth certificate with her as well as the election identity card. The applicant was waiting there with a white couloured Page 2 of 6 HC-NIC Page 2 of 6 Created On Tue Aug 15 20:28:26 IST 2017 R/CR.MA/12066/2014 ORDER Activa Scooter. The complainant became pillion rider on the Activa moped and both the applicant-accused and the first informant travelled on the Activa moped-scooter to a village called Ethor.
3.2 The complainant thereafter stated that both went to the house of maternal uncle of the applicant. Before the family members, there the applicant introduced the first informant as his lover and stated that both were going to marry. It was thereafter alleged that first informant went upstairs in the room of the said house upon being called by the applicant-accused where both sat and talked to each other. It was alleged that the applicant proposed to maintain physical relationship to which the first informant objected. It was alleged that despite that the accused had an intercourse with her and stated that if anybody is told about the incident, she would fall in the eyes of the society. Thereafter on 09.05.2014 applicant took the first informant along with the maternal uncle at Unjha in an Eco Car. They purchased garlands and after garlanding each other, had a photograph clicked in a studio. The applicant purchased new dress for the first informant, and the first informant stated that she had put on the said dress at that time. It was then alleged that the accused took her thereafter to house of his sister and there both had physical relationship as coerced by the first informant. Again both went to relative's house at Surat and stayed there about seven days, stated the first informant.
Page 3 of 6
HC-NIC Page 3 of 6 Created On Tue Aug 15 20:28:26 IST 2017
R/CR.MA/12066/2014 ORDER
The first informant finally alleged that they
returned to the village Ethor at the house of the applicant-accused and since the applicant was harassing her, the criminal complaint was filed.
4. Heard learned advocate Mr.Mahendra K. Patel and learned Additional Public Prosecutor for the respondent-State.
5. On bare reading of the sections 366 and 376 of IPC, their ingredients are evident. As far as the allegations in the F.I.R. are concerned, on a closer reading of the events narrated therein, reveals the conduct of volition on part of the first informant. The first informant is a major girl who from the very beginning stated that she was knowing the accused and a soft corner of love, they had friendly relationship. She left the house at the instance and on being asked by the applicant-accused and both went away on the scooter of the accused to different places, to the house of the relatives of the applicant and also stayed there. They stayed there in hotel as well alone. Physical relationship was contacted. Though the allegation is that maintaining physical relationship was out of force by the applicant, looking to the facts stated, events travelled and the conduct of the first informant manifested therefrom, she could be said to be a participant. The allegations also include the mentioning of purchase of garland and marrying each other as per the family tradition and court marriage Page 4 of 6 HC-NIC Page 4 of 6 Created On Tue Aug 15 20:28:26 IST 2017 R/CR.MA/12066/2014 ORDER was contracted. After the marriage, both stayed at the house of the applicant's relative for a week and cohabitated.
6. In the aforesaid view, the allegations in the F.I.R. in respect of the offences alleged stand too weak to be sustained. The basic ingredients of the offences cannot be said to have been present. It cannot be said that the allegations in the F.I.R. read as they stand and in entirety, make out the offences. The acid test is satisfied.
6.1 In Bhajan Lal [1992 Supp(1) SCC 335] the Supreme Court formulated seven categories of cases wherein the extra-ordinary power under Section 482 to quash the F.I.R. and criminal offences could be exercised. In category (1) it is stated that, "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 made out a case against the accused. In category (2) it is mentioned "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) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code". These principles apply in this case.
7. As a result of above discussion, the First Information Report bearing Crime Register No.I-112 of Page 5 of 6 HC-NIC Page 5 of 6 Created On Tue Aug 15 20:28:26 IST 2017 R/CR.MA/12066/2014 ORDER 2014 registered on 08.06.2014 with B Division Police Station, Mehsana, is hereby quashed. Petition is allowed. Rule is made absolute.
(N.V.ANJARIA, J.) cmjoshi Page 6 of 6 HC-NIC Page 6 of 6 Created On Tue Aug 15 20:28:26 IST 2017