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Showing contexts for: using abusive language in Fuliba @ Jignyaba Dilipsinh Parmar vs State Of Gujarat on 27 June, 2024Matching Fragments
Therefore, she has forwarded those details to her parents, as a result of which, the husband got enraged and started beating her. At that time, the father-in-law and mother-in-law of the complainant have made a phone call to the parents of the complainant and asked them to bring the complainant to her parental home. Thereafter, the brother, father and other relatives of the complainant had come to the matrimonial home of the complainant and ultimately the dispute was settled. It is alleged that on the very next day, the husband of the complainant scolded her by stating that why she has forwarded his photograph and call recording to her NEUTRAL CITATION R/CR.MA/20963/2019 ORDER DATED: 27/06/2024 undefined brother and thereafter beaten her by kick and fist. At that time, her father-in-law also used abusive language and her mother-in-law and sisters-in-law also used abusive language and beaten her with kick and fist. It is also alleged that thereafter the members of her in-law had started to harass her regarding some small and trivial issues. It is alleged in the FIR that they have also demanded amount of dowry from her and due to constant and incessant mental and physical cruelty meted out by the members of her in-law, she has no option left but to go to her parental home. Thereafter, after some time, complainant and her father have tried to settle the dispute but they could not be succeeded in their attempts and ultimately as a last resort, she has registered the FIR against the accused persons.
5. Learned APP Mr. Soaham Joshi has objected present application with vehemence and submitted that at the time of registration of the FIR, name and specific role of the applicants have been mentioned and in clear terms the complainant has categorically stated that present applicants have used abusive language and beaten her on the date of incident. Therefore, at the time of registration of the FIR, name and specific role of the applicants are clearly spelt out in the body of the FIR. Learned APP Mr. Joshi further submits that immediately after the registration of the FIR, applicants have approached before this Court and obtained order of stay and hence further investigation could not have been carried out by the investigating officer. However, NEUTRAL CITATION R/CR.MA/20963/2019 ORDER DATED: 27/06/2024 undefined during the interregnum period, statement of certain witnesses were recorded. He has read the statement of the witnesses and submitted that cumulative effect of all these statements clearly goes on to show that prima facie involvement of the present applicants accused in commission of crime is made out and there are clear and specific allegations levelled against the applicants accused and therefore the FIR qua applicants may not be quashed.
(iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge."
10. Thus, if the aforesaid observations made by the Hon'ble Apex Court are considered in context with the facts of the present case, in that event, in the opinion of this Court, this is a clear cut case of abuse of process of the Court. If a person is made to face a criminal trial on some general, vague and sweeping allegations without bringing on record any specific instances of criminal conduct, it is nothing but abuse of process of the Court. As observed earlier, the applicants are married sisters of NEUTRAL CITATION R/CR.MA/20963/2019 ORDER DATED: 27/06/2024 undefined husband of the complainant and they are residing separately and complainant filed the FIR alleging that the applicants have used abusive language and also inflicted kick and fist blows upon her. However, the complainant has not given any specific date and time and/or any specific instance of such kind of cruelty being meted out to her by the applicants and only made general, vague and sweeping allegations which, in the opinion of this Court, suggests that the present FIR is nothing but a sheer abuse of process of the Court qua applicants are concerned. Thus, considering the principle of law laid down by the Hon'ble Apex Court in the case of R. P. Kapur (supra) and in the case of Bhajan Lal (supra), where the Court finds that 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 and/or 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/her due to private and personal grudge, in that event, the Court can exercise inherent powers under Section 482 of the Code by quashing the FIR. Thus, considering the facts and circumstances of the present case, in the opinion of this Court, this is the case where this Court should exercise powers NEUTRAL CITATION R/CR.MA/20963/2019 ORDER DATED: 27/06/2024 undefined under Section 482 of the Code of Criminal Procedure, 1973 for quashing the FIR in question qua the applicants.