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2023 Supreme(Guj) 842

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANDEEP N. BHATT, J.
Mukesh Bhagubhai Patel – Appellant
Versus
State Of Gujarat – Respondent
R/Criminal Misc.Application No. 14342 of 2020
Decided on : 13-07-2023

Advocates:
Advocate Appeared:
For the Appellant : MR TEJAS M BAROT
For the Respondent: MR MAUNISH T PATHAK, MR. DHAWAN JAYSWAL

Headnote:

Indian Penal Code, 1860 - Section 498A, 325, 323, 294B, 506(2), 354A, and 114 - Criminal Procedure Code, 1973 - Section 482 - Harassment of woman to meet any unlawful demand – Offence for voluntarily causing grievous hurt - Application is filed to pass appropriate order quashing impugned FIR registered with Police Station - Held, Based on material available on record, prima facie evidence establishes involvement of applicant in commission of offence, which needs to be examined during trial – Court is not inclined to grant any relief by refraining from exercising powers under Section 482 of Criminal Procedure Code, as court's role is to determine whether a prima facie offence is established applicant solely based on a reading of F.I.R - There are sufficient reasons to believe that a prima facie offence is established against applicant, and therefore, no powers can be exercised under Section 482 of Criminal Procedure Code in present case - Application is dismissed.

JUDGMENT :

1. The present application is filed for seeking following reliefs:

    “(A) HON'BLE COURT be pleased to pass appropriate order quashing impugned FIR No. 11191020201399 of 2020 registered with Vastrapur Police Station;

(B) Pending admission herein and final disposal of present petition, HON'BLE COURT be pleased to stay further proceedings of FIR No. 11191020201399 of 2020 registered with Vastrapur Police Station;

(C) For such other and further reliefs as may be deemed fit and proper.”

2.1 Brief facts as per the case of the applicant in this application are as such that in the year 1987, the applicant, the owner of a Pharma Company married to one Jankiben. Subsequently, in 1988, the applicant and Jankiben had a daughter named Fizu i.e. first informant, respondent no. 2 herein. It is further the case of the applicant in this applicant that in the year 1993, the applicant and Jankiben got divorced in view of marital discord. Till Fizu- respondent no. 2 attained majority she was under the guardianship of the present applicant whereas, physical custody of respondent no. 2 remained with Jankiben, ex-wife of the present applicant. It is further the case of the applicant in this applicant that it is required to be noted that all the expenses of Fizu till her marriage have been borne by the applicant. Respondent no. 2 got married with Maunang Patel in the year 2011. The applicant bore all expenses such as jewelry, clothing, etc. In the year 2012, from the wedlock of respondent no. 2 and Maunang, daughter Arya was born. Every year the applicant would give Rs. 1,00,000/- to respondent no. 2 for his granddaughter Arya. Though the applicant and Jankiben have been divorced for long, respondent no. 2 Fizu invited the applicant for all social occasions and events. The applicant and his daughter - Fizu, respondent no. 2 here have a healthy relation unaffected by the divorce of her parents. It is further the case of the applicant in this applicant that Arya was having her 8th birthday on 1.8.2020 and as usual the applicant along with other family members was invited. All the invitees were enjoying the party. Thereafter, the applicant went upstairs to take rest and after sometime, the applicant left for his home.

2.2 It is further the case of the applicant in this applicant that despite what is stated hereinabove, the respondent no. 2 filed the impugned FIR inter alia alleging that the informant lives with her daughter Arya and her mother Jankiben. It is further alleged that in 2011, the informant married Maunang s/o. Ramanbhai Patel and from the said wedlock, daughter viz. Arya was born. It is further alleged that on 1.8.2020, on the occasion of Arya's birthday, the parents of the informant and others were invited for birthday party. It is further alleged that after the birthday party, the informant was sitting along with her mother viz. Jankiben. It is further alleged that the accused nos. 1 and 3 started taunting the informant that she did not bring anything from her parental home and she had married accused no. 2 for his money. It is further alleged that accused no. 1 and 3 instigated accused no. 2 to kick the informant out of the house and the informant was verbally abused. It is further alleged that the applicant was also present there and keeping grudge of the past, the present applicant was hurling abuses and instigating respondent no. 2's in laws to beat respondent no. 2 and her mother, in wake of which the in laws and husband of respondent no. 2 started abusing respondent no. 2 and her mother. It is further alleged that the accused no. 2 and the applicant came to the room where informant was present and both the accused persons started verbally abusing the informant. It is further alleged that accused no. 1 assaulted the informant due to which, the informant sustained injuries and when her mother intervened, accused no. 1 also beat her up. It is further alleged that the present applicant did not intervene to save the informant. It is

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