Gujarat High Court
Hemant Keru Shinde vs State Of Gujarat on 5 March, 2025
NEUTRAL CITATION
R/CR.MA/12367/2019 ORDER DATED: 05/03/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 12367 of 2019
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HEMANT KERU SHINDE
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MEET V JANI for DR.ABHISST K THAKER(7010) for the Applicant(s) No.
1
MR MH SHAIKH(3330) for the Respondent(s) No. 2
MR MANAN MEHTA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
VALIMOHAMMED PATHAN(6383) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 05/03/2025
ORAL ORDER
1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent-State and learned advocate Mr. Valimohammed Pathan waives service of notice of Rule on behalf of respondent No.2.
2. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the First Information Report bearing C.R. No.II-321 of 2019 registered with Sardarnagar Police Station, Ahmedabad City for the offences punishable under Section 507 of the Indian Penal Code (IPC) and the proceedings initiated in pursuant thereto.
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3. The present dispute arises from a matrimonial dispute between the complainant-husband and his wife. The petitioner is alleged to be the paramour of the wife of the respondent No.2 and therefore, the above FIR has been lodged by the complainant-husband. There are divorce proceedings going on and a petition under the Domestic Violence Act, 2005 has been filed by the wife. It is alleged that the complainant in order to avoid any type of investigation has alleged that Whatsapp calls have been made and the petitioner has been roped in by allegedly falsely framing him.
4. Learned advocate for the petitioner Mr. Meet V. Jani submitted that on perusal of the FIR which is filed for the offence punishable under Section 507 of the IPC, it is alleged that the accused has given threats thrice on telephone/Whatsapp to the first informant with dire consequences. Learned advocate Mr. Meet V. Jani would submit that the offences under Section 507 of the IPC would be maintainable only if there is named threat whereas in the present case, the FIR is filed against the present petitioner named herein after after identifying the accused on the basis of the threat and therefore, the offence under Section 507 of the IPC are not attracted and therefore, it is submitted the impugned complaint may be quashed and set aside.
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5. Learned advocate for respondent no.2, original complainant Mr. Valimohammed Pathan, submitted that the petitioner herein has been named in the FIR on the ground that the accused has a good relationship with the wife of the first informant and based upon such a relationship, he is alleged to have been continuously administering threats to the first informant. Looking to the above conduct of the petitioner, it is submitted that this Court may not grant the prayers prayed for in this petition.
6. Learned Additional Public Prosecutor, submitted that any First Information Report should be quashed in accordance with the guidelines of the Apex Court and the parameters laid down therein and submitted that necessary order of dismissal may be passed by this Court.
7. This Court has heard the learned advocates appearing for the respective parties and has perused the material on record. At this stage to refer to Section 507 of the IPC which reads as under :-
"507. Criminal intimidation by an anonymous communication- Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section."Page 3 of 6 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Tue Mar 18 2025 Downloaded on : Fri Mar 21 22:55:38 IST 2025
NEUTRAL CITATION R/CR.MA/12367/2019 ORDER DATED: 05/03/2025 undefined Thus, it is clear that in order to establish the contents of criminal intimidation, the same should be by way of anonymous communication and the accused should have taken the precaution to conceal the name/abode of the person from whom the threat comes.
8. In the present case, looking to the tenure of the FIR, the ingredients of Section 507 of the IPC are made out. Even if it is alleged to be a case of criminal intimidation, the same should have been administered to the first informant to cause alarm to that person. In these facts and circumstances, I find it difficult to direct the petitioner to face further proceedings.
9. In the case of State of Haryana V. Bhajan Lal and others, AIR 1992 SC 604, the Apex Court formulated as many as seven categories of cases, wherein the extraordinary power under Section 482 could be exercised by the High Court to prevent abuse of process of the court. It was clarified that it was not possible to lay down precise and inflexible guidelines or any rigid formula or to give an exhaustive list of circumstances in which such power could be exercised. In this case, the Apex Court made the following observations:-
"8.1. In the exercise of the extra-ordinary power under Article 226 or the inherent powers under Section 482 of the Code of Criminal Procedure, the following categories of cases are given by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, Page 4 of 6 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Tue Mar 18 2025 Downloaded on : Fri Mar 21 22:55:38 IST 2025 NEUTRAL CITATION R/CR.MA/12367/2019 ORDER DATED: 05/03/2025 undefined clearly defined and sufficiently channelised and inflexible guide in myriad kinds of cases wherein such power should be exercised :-
(a) 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 make out a case against the accused;
(b) where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. 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;
(c) where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;
(d) where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code;
(e) where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;
(f) where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and / or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party;
(g) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."Page 5 of 6 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Tue Mar 18 2025 Downloaded on : Fri Mar 21 22:55:38 IST 2025
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10. In view of the above, as well as considering the principles enunciated by the Apex Court in State of Haryana V. Bhajan Lal (supra), there exists no scope for any further proceeding in the matter. The continuance of proceedings would lead to wastage of precious judicial time as there would remain no possibility of any conviction in the case. Hence, the Court is of the opinion that this is a fit case where the inherent powers of the Court under section 482 of the Cr.P.C. could be exercised for securing the ends of justice.
11. In the result, the petition is allowed. The impugned First Information Report bearing C.R. No.II-321 of 2019 registered with Sardarnagar Police Station, Ahmedabad City and the proceedings initiated in pursuance thereof qua the petitioner is quashed and set aside. Rule is made absolute. Direct Service is permitted.
Sd/-
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