Gujarat High Court
Ravindrabhai Adharbhai ... vs State Of Gujarat on 13 March, 2023
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/SCR.A/1848/2017 ORDER DATED: 13/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1848 of 2017
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RAVINDRABHAI ADHARBHAI NAGRAL(application is not pressed) & 5
other(s)
Versus
STATE OF GUJARAT & 3 other(s)
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Appearance:
DELETED for the Applicant(s) No. 1
MR P P MAJMUDAR(5284) for the Applicant(s) No. 2,3,4,5,6
MR LB DABHI, APP for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2,3,4
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 13/03/2023
ORAL ORDER
1. By way of this application under Section 482 of Cr.P.C., the applicants seek to invoke inherent powers of this Court praying for quashment of proceedings filed under the provisions of Domestic Violence Act, 2005. The applicants are husband, father-in-law, mother-in-law, brother-in-laws and sister-in-laws of the respondent no.2. The application being Criminal Misc. Application No.1378 of 2016 filed under Sections 17, 18, 19, 22 and 23 of Domestic Violence Act, 2005.
2. Facts and circumstances giving rise to filing of present application are that, marriage of the respondent no.2 was solemnized with applicant no.1 on 25.05.1998 and after the marriage, she went to matrimonial home and after some time, Page 1 of 8 Downloaded on : Mon Mar 20 20:30:41 IST 2023 R/SCR.A/1848/2017 ORDER DATED: 13/03/2023 she was subjected to harassment, physically and mentally at the hands of her husband and in-laws. It is alleged that, she was physically assaulted by her husband and tortured by the applicants as she delivered a baby girl. It is further alleged that, in the year of 2012, she was driven out from her matrimonial home by the applicants after causing injuries by the husband. The maintenance proceedings were initiated in the year of 2014. A compromise arrived at between the parties and again parties decided to stay together and accordingly, she came at her matrimonial home, however, the relationship could not remain long lasting as she again on petty issue, tortured mentally and physically by the applicants. It is alleged that in 2016, she left the matrimonial home on account of mental and physical harassment meted out to her by the applicants. She had lodged the FIR being C.R. No.I-43 of 2016 for the offences punishable under Sections 498A, 323, 504, 506(2) and 114 of the Indian Penal Code. In such circumstances, the wife-respondent no.2, has resorted the provisions of Domestic Violence Act and prays the relief of protection order, residence order, monetary relief and compensation as provided under the various sections of the Act.
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R/SCR.A/1848/2017 ORDER DATED: 13/03/2023
3. Heard learned counsel P.P. Majmudar for and on behalf of the applicants.
4. He submitted that, the allegations in the complaint are absolutely false and having been alleged only with a view to harass the entire family members. He would further submits that, after filing the maintenance application, she has lodged an FIR under Section 498A of the Indian Penal Code and thereafter, she has resorted the provisions of Domestic Violence Act which shows that, the only intention of the complainant is to harass the applicants and therefore, the proceedings is nothing but sheer abuse of process of law and Court. During the course of arguments, he tenders the order dated 04.10.2022 passed in quashing matters, to submit that, the Coordinate Bench of this Court quashed the FIR lodged under Section 498A qua the applicants no.4 to 6.
5. In the aforesaid contentions, learned counsel for the applicants would submits that, the continuation of the proceedings is nothing but an abuse of process of law which require to be quashed and set aside.
6. Despite service of notice, respondent no.2-wife has neither Page 3 of 8 Downloaded on : Mon Mar 20 20:30:41 IST 2023 R/SCR.A/1848/2017 ORDER DATED: 13/03/2023 remained present, nor filed any reply.
7. On the other hand, learned APP vehemently opposed the quashing of the proceedings contending that, there is a specific allegation made against each of the applicants with respect to domestic violence allegedly committed by them. The applicants are living in a joint family and therefore, the disputed facts cannot be determined at this stage and the same is required to be tried by the trial Court.
8. Having heard learned counsel for the respective parties and on perusal of the allegations leveled in the complaint, whether case is made out to quash the proceedings of Criminal Misc. Application No.1378 of 2016.
9. The scope and power of the High Court to quash the criminal proceedings under Section 482 of the Code is well settled. In State of Haryana vs. Bhajanlal And Ors. AIR 1992 SC 604, the Apex Court laid down the guidelines for exercising the inherent powers, giving types of cases where the Court may exercise its inherent powers to quash a criminal proceeding.
10. Recently, the Apex Court in the case of Kahkashan Kausar @ Sonam vs. State of Bihar, 2022 6 SCC 599, has Page 4 of 8 Downloaded on : Mon Mar 20 20:30:41 IST 2023 R/SCR.A/1848/2017 ORDER DATED: 13/03/2023 observed in para-17 thus:
"17. ...this Court has at numerous instances expressed concern over the misuse of Section 498-A I.P.C. and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analysing the long-term ramifications of a trial on the complainant as well as the accused. It is further manifest from the said judgments that false implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law. Therefore, this Court by way of its judgments has warned the courts from proceeding against the relatives and in-laws of the husband when no prima facie case is made out against them."
11. In the matter of Kansh Raj Vs. State of Punjab (2005 SCC 207), the Apex Court delineated the duty of criminal courts while proceeding against relatives of the victim's husband and held that the Court should be careful in proceedings against distance relatives in crime pertaining to matrimonial dispute and dowry deaths and further held that relatives of the husband should not be roped in on the basis of omnibus allegations, unless specific instances of their involvement in the offence is made out.
12. It is relevant to refer and rely to the decision of Geeta Mehrotra Vs. State of Uttar Pradesh (2012 (10) SCC 741), Page 5 of 8 Downloaded on : Mon Mar 20 20:30:41 IST 2023 R/SCR.A/1848/2017 ORDER DATED: 13/03/2023 wherein the Apex Court held that mere a casual reference of the names of the family members in a matrimonial dispute without allegations of active involvement in the matter would not justify taking cognizance against them, overlooking the fact borne out of experience that there is tendency to involve the entire family members in the domestic quarrel taking place in the matrimonial dispute specifically if it happens after the wedding.
13. In light of the settled principle of law and considering the peculiar facts and circumstances of present case, this Court is of the considered opinion that the applicant no.1-husband is not before this Court as at the time of admission of the petition, he has not pressed the petition. The allegations made against the in-laws are on the line of FIR lodged against them under Section 498(A) of the Indian Penal Code. The applicant nos.2 and 3 are facing the charges of the offence punishable under Section 498(A) of the Indian Penal Code. In these circumstances, this Court is of the opinion that after filing the maintenance proceedings as well as the FIR under Section 498(A) of the Indian Penal Code, the in-laws i.e. applicant nos.2 to 6 have been implicated in the present proceedings with a view to harass them. Thus, considering the conduct of respondent no.2-wife Page 6 of 8 Downloaded on : Mon Mar 20 20:30:41 IST 2023 R/SCR.A/1848/2017 ORDER DATED: 13/03/2023 and various litigations filed by her which itself speaks voluminous about the intention in filing the present application. Thus, the case is fully covered by category (7) as enumerated by the Apex Court in the case of Bhajanlal (supra).
14. Considering the peculiar facts and circumstances of present case, it is necessary to refer the observations made by the Bench of the Bombay High Court in the case of Vrushali Jayesh Kore Vs. State of Maharashtra (2023 SCC Online Bombay 85), which reads thus:
"10. .......It is pertinent to note that unfounded criminal charges and long drawn criminal prosecution can have serious consequences. A person subjected to such litigation suffers immense mental trauma, humiliation and monetary loss. Reckless imputations can also result in serous repercussion on career progression and future pursuits and most importantly it stigmatizes reputation, brings disrepute and lowers the image of a person amongst friends, family and colleagues. It is to be noted that loss of character or bruised reputation cannot be restored even by judicial reprieve. As Shakespeare has famously said that "Good name in man and woman, dear my lord, is the immediate jewel of their souls: Who steals my purse steals trash; tis something, nothing; 'twas mine, 'tis his, and has been slave to thousands " But he that filches from me my good name Robs me of that which not enriches him and makes me poor indeed". In legal parlance, right to reputation and dignity of an individual is held to be an integrated part of Article 21 and 19(2) of the Page 7 of 8 Downloaded on : Mon Mar 20 20:30:41 IST 2023 R/SCR.A/1848/2017 ORDER DATED: 13/03/2023 Constitution. Therefore, it is imperative for the Court to exercise power under Section 482 of the Code of Criminal Procedure, in ft cases, to safeguard and protect the rights of every person subjected to such litigation and prevent misuse of criminal process for personal vendetta."
15. For the foregoing reasons, this Court is convinced that the proceedings filed against the applicant nos.2 to 6 under the provisions of the Domestic Violence Act are nothing but a sheer abuse of process of law and Court. Consequently, Criminal Misc. Application No.1378 of 2016 pending before the Court of Judicial Magistrate First Class, Surat is hereby quashed qua applicant nos.2 to 6. The Trial Court is at liberty to proceed further against applicant no.1-husband in accordance with law. Accordingly, present application is allowed. Rule is made absolute in the aforesaid terms.
(ILESH J. VORA,J) Rakesh Page 8 of 8 Downloaded on : Mon Mar 20 20:30:41 IST 2023