SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(Guj) 362

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.P. THAKER, J.
Harshadbhai Bhikhabhai Patel & Others - Appellants
Versus
State of Gujarat & Others - Respondents
R/Criminal Misc. Application No. 7083 of 2015
Decided On : 22-04-2019

Advocates Appeared:
For the Applicant :Mr. I.H. Syed, Advocate For Mr. Ankit B. Pandya
For the Respondent: Mr. Ravikumar V. Raval, Ms. Moxa Thakkar, Addl Public Prosecutor

Headnote:

Code of Criminal Procedure, Section 482 -Indian Penal Code,1860, Sections 306, 506(2) read with Section 114 -107, 309 -Filing this petition, under Section of the Code of Criminal Procedure, the petitioners have sought relief to quash the FIR, being C.R. of registered with Police Station for the alleged offences punishable under Sections read with Section of the Indian Penal Code -respondent No. herein had filed an FIR against the present petitioners inter alia alleging that his son got married with the petitioner No. and from the wedlock a child was born and thereafter the relation between the husband and wife was not in a good condition and the petitioner No. used to insult deceased and all the accused persons have made unusual demands from the deceased -It is also alleged that due to mental torture from all the accused persons and instigation from the accused persons deceased had committed suicide -On that basis the FIR has been lodged -According to the petitioners there is absolutely not even a whisper as to how the petitioners are responsible for the death of the deceased that they have been falsely implicated in the present case and that there is nothing in the alleged suicide note to implicate the present petitioners -Held, -On perusal of the suicide note it clearly transpires that there is a prima facie case of instigation for commission of the suicide by the deceased -Therefore though there is the affidavit filed by the mother of the deceased of compromise between the parties, but the entire case is based on the suicide note of the deceased which as stated above is the dying declaration of the deceased -It also transpires from the FIR that the FIR is based on the suicide note itself -Therefore considering the factual matrix of the present case there is a nexus of commission of suicide and abetment thereof by the present accused -Version of the petitioners that earlier the deceased had attempted to commit suicide for his financial condition is only a circumstance which can be used by the accused during trial as a defence -Merely the deceased had earlier attempted to commit suicide is not a circumstance to disbelieve the present suicide note written by the deceased in his own handwriting -Considering the facts and circumstances of the present case inherent power under Section of the Code of Criminal Procedure is not to be exercised in the present case -Present petition is devoid of merits and the same stands dismissed.

JUDGMENT :

1. By way of filing this petition, under Section 482 of the Code of Criminal Procedure, the petitioners have sought relief to quash the FIR, being C.R. No.I-11 of 2015 registered with Dabhoda Police Station, Gandhinagar for the alleged offences punishable under Sections 306, 506(2) read with Section 114 of the Indian Penal Code.

2. The brief facts leading to filing of the present petition are as under:-

2.1. That on 26.2.2015, informant Amrutlal Faldu- the respondent No.2 herein had filed an FIR against the present petitioners inter alia alleging that his son Dipen (since deceased) got married with the petitioner No.3 and from the wedlock, a child was born and thereafter, the relation between the husband and wife was not in a good condition and the petitioner No.3 used to insult deceased Dipen and all the accused persons have made unusual demands from the deceased. It is also alleged that due to mental torture from all the accused persons and instigation from the accused persons, deceased Dipen Patel had committed suicide. On that basis the FIR has been lodged.

3. According to the petitioners, there is absolutely not even a whisper as to how the petitioners are responsible for the death of the deceased; that they have been falsely implicated in the present case and that there is nothing in the alleged suicide note to implicate the present petitioners.

3.1. That the petitioner No.1 is father-in-law of the deceased and working as Central Government employee at Vyara and residing at Vyara, whereas the petitioner No.2 is wife of the petitioner No.1 and mother-in-law of the deceased and she is also residing at Vyara and both of them are not involved in the alleged offence as the petitioner No.3- daughter of them was residing with her husband at matrimonial home.

3.2. That before the incident, the petitioner No.3 due to physical and mental torture and for demand of dowry by the deceased and the in-laws including the present complainant, left the matrimonial home and came to stay with her parents at Vyara. Therefore, all the allegations leveled against the petitioner No.3 are so absurd and totally false and fabricated. It is also contended that the petitioner No.4 is brother-in-law of the deceased, who is staying at Vavol and he is falsely implicated, whereas the petitioner No.5 is the fiancée of the petitioner No.4, whereas the petitioner Nos.6 and 7 are maternal uncles-in-law and the petitioner No.8 is cousin-in-law of the deceased and they have been falsely implicated by the complainant due to ulterior motive with malafide intention.

3.3. It is also contended that the deceased was having bad habits of consuming liquor and the deceased had huge debts and he was doing business of real estate and had incurred heavy loss and many persons were demanding money from him and he was always in tension and used to quarrel with the petitioner No.3 and therefore, the petitioner No.3 had left the matrimonial home.

3.4. It is contended by them that the marriage between the deceased and the petitioner No.3 was love marriage and they were residing separately from the petitioners and after her marriage, the petitioner No.3 had no relation with the family members, including her parents. It is also contended that due to the love marriage, they did not agree with the love marriage. It is contended that therefore, all family members of the petitioner No.3 are falsely implicated in the alleged offence. It is also contended that even the complainant did not agree with the love marriage with the petitioner No.3 by his son as both the families belong to different communities.

3.5. It is contended that the deceased on 11.1.2015, had also tried to commit suicide due to huge debt, by consuming sleeping pills and the said information was registered with In-focity Police Station, Gandhinagar. The said fact has been mentioned in the order passed by the Session Court while enlarging the accused on anticipatory bail. It is contended that due to huge debt and bad























































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top