Gujarat High Court
Mahemudkhan Lalkhan Pathan vs State Of Gujarat on 22 August, 2025
NEUTRAL CITATION
R/CR.MA/7826/2015 ORDER DATED: 22/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 7826 of 2015
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MAHEMUDKHAN LALKHAN PATHAN & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1,2,3,4,5
MR K R MISHRA(6312) for the Respondent(s) No. 2
MR ROHAN SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 22/08/2025
ORAL ORDER
1. By way of this petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed to quash and set aside the FIR being C.R.No.I-50 of 2015 registered with Vejalpur Police Station, Ahmedabad for the offences under Sections 498(A), 323, 504, 506(2) and 114 of Indian Penal Code and all the consequential proceedings arising therefrom qua the present petitioners.
2. Learned advocate Ms.Pratibha Kumavat for the petitioners submitted that settlement talks were going on between the parties through common mediator and according to instructions received from the petitioners, amount which was suggested by the mediator was deposited with the mediator and therefore, she believed that matter has been settled and her submission was recorded in the order dated 14.08.2025.
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3. Today when the matter is taken up for hearing, learned advocate Ms.Pratibha Kumavat submits that other side is not agreeable for compromise, therefore, she withdraws her statement made on previous date i.e. 14.08.2025.
4. On merits, learned advocate Ms.Pratibha Kumavat submits that petitioners nos.1 and 2 have expired. They were father in law and mother in law of the complainant. She further submitted that death certificate of petitioner nos.1 and 2 shall be placed in the Registry within two weeks from today. So far as petitioner nos.3 and 4 are concerned, it is submitted that petitioner no.3 is brother of husband of complainant, he married to petitioner no.4 in the year 2014 and subsequent thereto, marriage of complainant took place with her husband. She referred to marriage certificate produced at Annexuer E. So far as petitioner no.5 is concerned, it is submitted that she is married sister in law and her marriage took place prior to marriage of complainant with her husband.
4.1. In background of above facts, learned advocate for the petitioners referred to FIR and submitted that FIR notifies that complainant soon after her marriage with her husband went to live at Abu Dabi from 05.12.2008. She submits that FIR taken on its face value, does not level allegations against the petitioners except that they were taking side of the husband. It is submitted that majority of the allegations levelled in the FIR are against husband. Complainant most of the time lived at Abu Dabhi. There is no specific date or any incident stated in the FIR which prima facie establish that complainant was subjected to Page 2 of 5 Uploaded by SATISH C. VEMULLA(HC00206) on Mon Aug 25 2025 Downloaded on : Mon Aug 25 23:03:50 IST 2025 NEUTRAL CITATION R/CR.MA/7826/2015 ORDER DATED: 22/08/2025 undefined tantrum at the behest of remaining petitioners. In such circumstances, it is submitted that FIR is filed to drag family members of husband and used as pressure technic.
4.2. Mainly on above submissions, learned advocate Ms. Pratibha Kumavat submits that FIR is nothing but abuse of process of law and needed to quash. She has taken assistance of judgment of Hon'ble Supreme Court in the case of State of Haryana v. Bhajan Lal [1992 Supp (1) SCC 335].
5. Per contra, learned advocate Mr. Mishra for private respondent submits that petition is filed at threshold on filing of FIR. Allegations levelled in the FIR needs to be investigated and therefore, this Court may not exercise inherent power under section 482 of Cr.P.C. and scuttle FIR at threshold.
6. Learned APP for the respondent State adopted the argument of learned advocate Mr.Mishra and requested that FIR be investigated.
7. At the outset, if we refer FIR and taken allegations therefrom as it is, it notifies that complainant married to her husband on 11.10.2008 as per Muslim custom and rites. On 05.12.2008, complainant went to Abi Dabhi to live with her husband. She was serving there in private company to earn 4000 Dirham. She further stated that since she could not conceive child, her in laws were inciting her husband and extending cruelty and harassment. However, no specific date and time is stated. Another aspect stated in the FIR that her Page 3 of 5 Uploaded by SATISH C. VEMULLA(HC00206) on Mon Aug 25 2025 Downloaded on : Mon Aug 25 23:03:50 IST 2025 NEUTRAL CITATION R/CR.MA/7826/2015 ORDER DATED: 22/08/2025 undefined husband had beaten her at Abu Dabhi. FIR does not state when complainant came back to India and how much time she lived in Abu Dabhi. FIR also notifies that husband of the complainant had relationship with one Jasica of Philippines and therefore, she was subjected to cruelty and pressuring complainant. No allegations are levelled up till now against present petitioners.
8. FIR spells that on 26.06.2013, complainant came back from Abu Dabhi and went to matrimonial home, wherein her in laws i.e. petitioner no.3 and 4 were living and she told them that her husband is giving harassment but instead of taking her side, in laws have taken side of husband. FIR now states petitioner no.5 who is married sister in law and in two line stated in the FIR that petitioner no.5 was also extending physical and mental cruelty and all the petitioners were passing tantrum that she is unable to conceive child. If entire allegations is taken as gospel truth or correct on its face, it discloses nothing more than domestic quarrel which usually occurs in families. They are far away from cruelty and harassment defined in section 498A of the IPC. There is no allegation for offence under section 323 of IPC.
9. In Dara Lakshmi Narayana v/s. State of Telangana [(2025) 3 SCC 735], the Hon'ble Apex Court has made it clear that family members of the husband ought not to be unnecessarily roped into criminal proceedings arising out of matrimonial discord. The Hon'ble Apex Court further observed that it has become a recurring tendency to implicate every member of the husband's family, irrespective of their role or actual involvement, merely because a dispute has arisen Page 4 of 5 Uploaded by SATISH C. VEMULLA(HC00206) on Mon Aug 25 2025 Downloaded on : Mon Aug 25 23:03:50 IST 2025 NEUTRAL CITATION R/CR.MA/7826/2015 ORDER DATED: 22/08/2025 undefined between the spouses. It is further held by Hon'ble Apex Court that where the allegations are bereft of specific particulars, and particularly where the relatives sought to be prosecuted are residing separately or have had no connection with the matrimonial home, allowing the prosecution to proceed would amount to an abuse of the process of law. It is further held that criminal law is not to be deployed as an instrument of harassment, and that judicial scrutiny must be exercised to guard against such misuse.
10. Resultantly, this petition is allowed. The impugned FIR being C.R.No.I - 50 of 2015 registered with Vejalpur Police Station, Ahmedabad filed against the present petitioner nos.3,4 and 5 viz. Sajidkhan s/o. Mahemedkhan Pathan, Asiyana, w/o Sajidkhan Pathan and Taslim w/o. Munaf Miya Malek is hereby quashed and set aside. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside against them. Direct service is permitted.
11. Petition qua petitioner nos.1 and 2 viz. Mahemudkhan Lalkhan Pathan and Kamrunisa w/o. Mahemudkhan Pathan stands disposed as abated. Learned advocate Ms. Pratibha Kumavat shall place on record death certificate of petitioner nos.1 and 2 within two weeks. Registry to accept the same.
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