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2021 Supreme(Guj) 1108

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI, J.
VIRENDRA KAUR D/O GURUBHAJAN SINGH - Appellant
Versus
STATE OF GUJARAT - Respondent
SPECIAL CRIMINAL APPLICATION NO. 5663 of 2020
Decided On : 21-12-2021

Advocates Appeared:
For The Appellant :MR RR MARSHALL, SENIOR ADVOCATE ALONGWITH MR RITURAJ M MEENA, NIYATI D CHAUHAN
For The Respondent: MR HIMANSHU C DESAI, MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR

Headnote:

Constitution of India,1950 - Article 226 - Indian Penal Code,1860 - Sections 406, 376, 506, 405 and 420 - Negotiable Instruments Act - Section 138 - Criminal Procedure Code,1973 – Sections 482, 155(2) and 156(1) - Dishonor of cheque - Cheating and dishonesty – Commits rape - Criminal breach of trust - Petitioner states that dispute raised in FIR is civil in nature and sole purpose of complainant is to harass petitioner as complainant was personally involved in physical relationship with the petitioner - Petitioner is lady aged about 44 years, residing - Petitioner had adopted a girl child who happens to be a daughter of her own brother - Petitioner and her adopted daughter were happily staying in city of Haldwani since beginning - Petitioner states that with a view to see that child gets father support, decided to get married and uploaded her profile on website on Jeevansathi.com said website the petitioner came in touch with complainant who introduced himself as a divorcee - Petitioner refers to copy of profile and uploaded images of complainant on the website Jeevansathi.com – Held, Code of Criminal Procedure 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 - Express legal bar engrafted in any of provisions of Code or the concerned Act to institution and continuance of proceedings and/or where there is a specific provision in Code or concerned Act, providing efficacious redress for the grievance of the aggrieved party - 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 - petition is allowed.

ORDER :

1. Draft amendment is allowed.

2. Prayer is made under Section 482 of the Code of Criminal Procedure and under Article 226 of the Constitution of India to quash and set aside the FIR dated 25.10.2019 registered before Gotri Police Station, Vadodara City, for the offences punishable under Sections 406 and 420 of Indian Penal Code.

3. The petitioner states that the dispute raised in the FIR is civil in nature and the sole purpose of the complainant is to harass the petitioner as the complainant was personally involved in physical relationship with the petitioner. The petitioner is lady aged about 44 years, residing at Haldwani, Nainital, Uttarakhand. The petitioner had adopted a girl child who happens to be a daughter of her own brother. The petitioner and her adopted daughter were happily staying in the city of Haldwani since beginning. The petitioner states that with a view to see that the child gets father support, decided to get married and uploaded her profile on website on Jeevansathi.com in the month of May-June 2016. Through the said website the petitioner came in touch with the complainant who introduced himself as a divorcee. The petitioner refers to the copy of profile and uploaded images of the complainant on the website Jeevansathi.com.

3.1 The petitioner states that the complainant had visited her house in Haldwani during September 2016 and stayed there for 4 to 5 days and that during the said period the complainant also offered the petitioner for starting online business and the complainant proposed that he would be supplying accessories of cameras to the petitioner for selling as he is the dealer of Nikon Company which happens to be the pioneer in digital cameras. The petitioner therefore thought of a bright future for herself and the adopted child, accepted the proposal and accordingly the business transaction took place between them from September 2016.

3.2 The petitioner further states that, during the period of March 2018 as well as September 2018, the complainant had taken her to Thailand with him for vacation, and during that period, the complainant had given impression that he was divorcee and was willing to marry the petitioner. Somewhere in the month of October-November 2018, the complainant disclosed the fact that he was already married to one Mrs. Narinder Kaur, and thus, the petitioner started distancing herself from the complainant and thereafter the petitioner uploaded her new profile on the website and started searching for a genuine life partner and thus she met Mr. Harmeet Singh Kohli who is a Canadian citizen. The petitioner thus states that thereafter she and Mr. Harmeet Singh Kohli decided to get married. On coming to know of all the said facts, the complainant herein started threatening the petitioner on multiple occasions, on professional as well as personal fronts. The petitioner alleges that the complainant himself had come to Haldwani on 14th July, 2019, and threatened the petitioner with dire consequences if she proceeds to marry Mr. Harmeet Singh Kohli.

3.3 The petitioner further states that despite various attempts, the marriage of the petitioner with Mr. Harmeet Singh Kohli was concluded on 24th August, 2019, and having failed to stop the petitioner in marrying Mr. Harmeet Singh Kohli, the petitioner alleges that the complainant had decided to take revenge and thereafter he started to extort money from the petitioner by showing certain shocking photographs/videos of the petitioner which would defame her in the society. It is alleged by the petitioner that the complainant thereafter asked the petitioner to pay him an amount of Rs.30.00 lakhs in any manner, which is an attempt to extort money from the petitioner. The petitioner states that certain blank signed cheques which were stolen by complainant’s son from the complainant in the year 2018 were deposited for collection, the bank account being closed on 10.09.2019, the cheques stood dishonoured. Thereafter the complainant sent a le

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