Gujarat High Court
Manishbhai Parsotambhai Savsani & 9 vs State Of Gujarat & on 13 November, 2014
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/11042/2014 CAV JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 11042 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE J.B.PARDIWALA
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1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation of the
Constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
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MANISHBHAI PARSOTAMBHAI SAVSANI & 9....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
DELETED for the Applicant(s) No. 1
MR YOGESHKUMAR A RATANPARA, ADVOCATE for the Applicant(s) No. 2 - 10
HCLS COMMITTEE, ADVOCATE for the Respondent(s) No. 2
MR AKSHAT KHARE, ADVOCATE for the Respondent(s) No. 2
MR AN SHAH, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date :13/11/2014
CAV JUDGMENT
1. By this application under section 482 of the Code of Criminal Procedure, the petitioners original accused persons, seek to invoke the inherent powers of this court praying for quashing of the First Information Report being C.R.No.I 26/2014 registered with Mendarda Police Station, Junagadh of the offences Page 1 of 6 R/CR.MA/11042/2014 CAV JUDGMENT punishable under Sections 498A, 344, 384, 376, 323, 506(2) r/w sec. 114 of the Indian Penal Code.
2. The case madeout by the respondent no.2, original complainant in the First Information Report may be summarized as under: 2.1 The respondent no.2 fell in love with one Manishbhai Parshottambhai Savsani and decided to get married. The marriage of the respondent no.2 with Manishbhai Parshottambhai Savsani was solemnized on 12th February, 2014. It is stated by the respondent no.2 that after marriage for some time her matrimonial life was happy and peaceful. It is her case that on 6 th March, 2014 at about 12 O'clock in the night she saw her husband talking on mobile phone on the terrace of the house. She inquired with her husband as to whom he was talking late in the night. It is alleged that her husband assaulted her on such question being asked by her.
2.2 It is her case that she complained about such assault by her husband before her motherinlaw, namely, Kundanben. However, her motherinlaw did not do anything in that regard. Later on her husband disclosed that he was talking with a girl and he would driveout the respondent no.2 and bring the girl with whom he was talking the other day on phone, at his home. It is further alleged that her husband confined her in one room and used to beat her. It is further alleged that one day her husband took her on his motorbike to the agricultural field where the petitioners nos. 9 and 10 were present and along with them her husband assaulted her and also threatened her that she would be killed. It is further alleged that thereafter on 14th March, 2014 she was taken to the Office of the SubRegistrar where she was forced to put her signature on a document which was a Deed for Dissolution of marriage. Thereafter the husband of respondent no.2 brought her back at home and locked her in a room. It is alleged that knowing fully well that the marriage had been dissolved, she was subjected to forcible sexual intercourse. It is further stated that once she had attempted to run away, but her plan was foiled by the other Page 2 of 6 R/CR.MA/11042/2014 CAV JUDGMENT accused persons. According to her, the husband by administering threats forced her to sign the deed for dissolution of marriage along with the accused nos.9 and 10 and the other accused persons had abetted the offence of wrongful confinement. She has further alleged that her fatherinlaw and motherinlaw had also administered threats to kill her. This is the sum and substance of the first information report lodged by her dated 17th April, 2014.
3. It appears that the application was not pressed so far as the petitioner no.1 i.e. the husband is concerned. Vide order dated 23 rd June, 2014 the application so far as the husband is concerned, stood dismissed. However, to consider the case of the other petitioners, notice was issued to the respondents.
4. Mr. Ratanpara, the learned Advocate appearing on behalf of the petitioners submits that the first information report is nothing but a figment of imagination on the part of the respondent no.2 He submits that the allegations are so absurd that no person would believe the same. He further submits that for the reasons which are obvious, the respondent no.2 has implicated all the members of the family who are in no way concerned with the matrimonial life of the respondent no.2. Mr. Ratanpara therefore, prays that the first information report deserves to be quashed so far as the petitioners are concerned as police investigation would be nothing but an abuse of process of law.
5. On the other hand Mr.Khare, the learned advocate appearing on behalf of the respondent no.2 has vehemently opposed this application and submits that the plain reading of the FIR discloses commission of the cognizable offences and the police should be allowed to complete the investigation. He submits that whether the allegations are true or false, is not to be considered at this stage. He submits that the Court should not embark upon an inquiry as regards the genuineness of the allegations. He, therefore, prays that there being no merit in this application, the same deserves to be rejected.
6. Mr. A.N.Shah, the learned A.P.P. appearing on behalf of the respondent Page 3 of 6 R/CR.MA/11042/2014 CAV JUDGMENT no.1 State of Gujarat has also opposed this application submitting that the FIR discloses commission of a cognizable offence and the police should be allowed to complete the investigation. He, therefore, prays that the application be rejected.
7. Having heard the learned counsel appearing for the parties and having gone through the material on record, the only question that falls for my consideration in this application is whether the First Information Report deserves to be quashed.
8. It appears from the materials on record that the applicants nos. 2 to 10 are all relatives of the husband of the respondent no.2. It also appears that the dispute was essentially between the respondent no.2 and her husband. Even if the entire case of the respondent no.2 is believed to be true, the incident which triggered the problem was also very trivial. However, for the reasons best known to the respondent no.2 it appears that she has tried to rope in all the members of the family. I am of the view that the allegations made in the FIR so far as the relatives are concerned, are so absurd and inherently improbable that no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against them. It also appears that the applicants before me had filed anticipatory bail application on the premise that the FIR lodged by the respondent no.2 was palpably false and the Sessions Court, after perusing the materials on record found substance in the same and the applicants were ordered to be released on anticipatory bail except the husband. It appears that the husband was arrested and lateron he was ordered to be released on regular bail.
9. It deserves to be noted that the marital life of the respondent no.2 got disturbed within two months from the date of the marriage. The marriage was solemnized on 14th February, 2014 as reflected from the Marriage Certificate - AnnexureB to this petition. The incident which occurred in the midnight at 12 O'clock, according to the say of the respondent no.2, is dated 6 th March, 2014.
Page 4 of 6 R/CR.MA/11042/2014 CAV JUDGMENTThe alleged forcible dissolution of marriage took place on 14th March, 2014 whereas the FIR came to be lodged on 17th April, 2014. There is no satisfactory explanation at the end of the respondent no.2 for such delay in filing the FIR except bald and vague allegations that the applicants herein, more particularly the applicant nos.2 to 8 had abetted in wrongfully confining the respondent no.2 in a room of a house. The allegations that the fatherinlaw and motherinlaw threatened to kill her also appears to be absolutely vague and sweeping.
10. In short, the respondentno.2 has made an attempt to rope in as many persons as possible in the alleged offence knowing full well that they have nothing to do with her matrimonial life.
11. Assuming for the moment that the marriage had been dissolved by virtue of Deed of Dissolution dated 14th March, 2014, it is doubtful whether such customary divorce is permitted and lawful. However, I may not go into the issue of the legality and validity of the dissolution of marriage, because the husband is not before me. Application so far as the husband is concerned, as stated above, has not been pressed and the same has been rejected.
12. However, I am not inclined to quash this FIR so far as the applicants nos.9 and 10 are concerned. It appears from the Deed of Dissolution of marriage that they both have put their signatures as attesting witnesses and there are allegations against the applicants nos. 9 and 10 constituting a cognizable offence.
13. So far as the other applicants are concerned I find no case against them, except general and sweeping allegations. It may not be out of place to mention that over a period of time the courts have noticed the tendency of the married woman roping in all the relatives of her husband only with a view to harass all of them though they may not be even remotely involved in the offence alleged. It is because of the growing tendency to involve innocent persons that the Supreme Court in the case of Pavan Kumar Vs. State of Haryana - AIR 1998 SC Page 5 of 6 R/CR.MA/11042/2014 CAV JUDGMENT 958 has cautioned the courts to act with circumspection. In the words of the Supreme Court - "Often innocent persons are also trapped or brought in with ulterior motives and therefore, this places an arduous duty on the court to separate such investigation from the offenders. Hence, the courts have to deal such cases with circumspection, sift through the evidence with caution, scrutinize the circumstances with utmost caution."
14. For the foregoing reasons this application is partly allowed. The First Information Report being C.R.No.I26/2014 lodged at Mendarda Police Station, Junagadh is ordered to be quashed so far as the applicants nos. 2, 3, 4, 5, 6, 7 and 8 are concerned. The application is rejected so far as the applicants nos.9 and 10 are concerned. Rule is made absolute so far as the applicants nos. 2, 3, 4, 5, 6, 7 and 8 are concerned whereas the same is ordered to be discharged so far as the applicants nos. 9 and 10 are concerned.
(J.B.PARDIWALA, J.) Mohandas Page 6 of 6