SHORT NOTE
GUJARAT HIGH COURT
Sandeep N. Bhatt, J.
Seema Dhawalbhai Trivedi and Ors. – Applicants
versus
State of Gujarat and Ors. – Respondents
R/Criminal Misc. Application No.9188 of 2018
Decided on 9.6.2023

IMPORTANT POINT
Court must ensure that criminal prosecution is not used as instrument of harassment or for seeking private vendetta or with ulterior motive

Headnote:

Indian Penal Code, 1860 – Sections 294(b), 506(2) and 114 – Criminal Procedure Code, 1973 – Section 482 – Obscene acts and criminal intimidation – Quashing petition – Entire incident has occurred in private residential house whereas under law, more particularly, as per provision of Section 294(b) of IPC, incident should have occurred in public place – As far as Section 506(2) of IPC is concerned, general allegations are made in FIR and no case is made out – Continuation of further proceedings pursuant to FIR will cause greater hardships to petitioners and no fruitful purpose would be served if such further proceedings are allowed to be continued – Court must ensure that criminal prosecution is not used as instrument of harassment or for seeking private vendetta or with ulterior motive to pressurise accused or to settle score – Impugned F.I.R. along with all subsequent proceedings thereto quashed and set aside.

Held: On bare reading of the FIR, it transpires that the FIR is lodged under Sections 294(b) and 506(2) read with Section 114 of Indian Penal Code. The entire incident has occurred in the private residential house, whereas, under the law, more particularly, as per the provision of Section 294(b) of Indian Penal Code, the incident should have occurred in the public place. As far as Section 506(2) of the Indian Penal Code is concerned, general allegations are made in the FIR and, therefore, no case is made out.

In view of above settled position of law and after considering the facts as alleged in the FIR and circumstances of the present case, it transpires that continuation of further proceedings pursuant to the said FIR will cause greater hardships to the petitioners and no fruitful purpose would be served if such further proceedings are allowed to be continued. The Court must ensure that criminal prosecution is not used as instrument of harassment or for seeking private vendetta or with ulterior motive to pressurise accused or to settle the score.

Resultantly, this application is allowed at the admission stage. The impugned F.I.R. filed before Meghaninagar Police Station, Ahmedabad vide II C.R.No.3044 of 2018 along with all the subsequent proceedings thereto qua present applicants are hereby quashed and set aside. Direct service is permitted.

Result: Criminal Misc. Application allowed. FIR quashed.