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2024 Supreme(Online)(GUJ) 7488
HIGH COURT OF GUJARAT
Hasmukh D. Suthar, J
Ranjan – Appellant
Versus
State of Gujarat – Respondent
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 14145 of 2021
For the Appellants/Petitioners: Y.H. Motiramani, Divyesh G Nimavat
For the Respondents: Mehul M Mehta, H.K. Patel
The Court held that a girlfriend or a person in an illicit relationship with the husband does not constitute a 'relative' under Section 498-A IPC, and in the absence of specific evidence of public obscenity or intent to alarm, criminal proceedings against such a person are an abuse of process.
Headnote:(A) Criminal Procedure - Quashing of FIR - Abuse of process of law - Where criminal proceedings are maliciously instituted with an ulterior motive for wreaking vengeance due to private and personal grudge, the court may exercise inherent powers to quash the FIR. (Para 8)
(B) Indian Penal Code - Section 498-A - Interpretation of "Relative" - A girlfriend or concubine, not being connected by blood, marriage or adoption, does not fall within the category of a "relative" of the husband; therefore, charges under Section 498-A cannot be sustained against such a person. (Para 11, 12)
(C) Indian Penal Code - Section 294(b) - Obscene acts and songs - For an offence to be made out, the incident must occur in a public place; an incident occurring within a private residential house does not satisfy this legal requirement. (Para 9)
(D) Criminal Intimidation - Section 506(2) - Essential Element - To establish an offence of criminal intimidation, it must be proven that the accused had a specific intention to cause alarm to the complainant. (Para 9)
Issues: Whether the FIR and consequential proceedings can be quashed when the applicant does not meet the legal definition of a 'relative' under Section 498-A IPC and allegations regarding other offences are prima facie unsustainable.
| Table of Content |
|---|
| 1. allegations of cruelty and harassment following an illicit relationship between the applicant and the respondent's husband. (Para 1 , 3) |
| 2. contention regarding the lack of evidence and the failure to satisfy the ingredients of section 498-a ipc. (Para 4 , 5 , 6) |
| 3. quashing of fir based on mala fide intent and lack of prima facie evidence. (Para 7 , 8) |
| 4. analysis of sections 323, 294(b), and 506(2) ipc regarding public place and intent to alarm. (Para 9) |
| 5. legal interpretation that a 'girlfriend' does not qualify as a 'relative' under section 498-a ipc. (Para 10 , 11 , 12) |
| 6. exercise of inherent powers under section 482 crpc to prevent abuse of law. (Para 13 , 14) |
ORAL ORDER
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicant has prayed to quash and set aside the FIR No. 11191030210045 of 2021 registered with West Mahila Police Station, Ahmedabad City, for the offences under Sections 323, 294(b), 498-A, 506 (2) and 114 of the Indian Penal Code, 1860 and all the consequential proceedings arising therefrom.
2. Heard Mr. Y.H.Motiramani, learned counsel for the applicant, Mr. H.K.Patel, learned APP for respondent No.1 and Mr. Mehul Mehta, learned counsel for respondent No.2.
3. At the instance of respondent No.2, FIR came to be filed against the applicant and other accused, wherein, it is alleged that, after eight of the marriage, all the accused persons caused mental and physical harassment and abused filthy words to the complainant and due to illicit relationship between the husband of complainant and applicant, accused No.1 husband beaten the complainant by abusing filthy language and also threatened to kill her. In this regard, FIR came to be filed against the accused persons.
4. Learned counsel for the applicant has submitted that, the allegations levelled against the applicant are nothing, but an abuse of process of law and without any specific instance, she has been arraigned as accused. He further submitted that there is no iota of evidence against the applicant to even remotely suggest any role whatsoever played by her or to connect her with the alleged offence in question. He further submitted that, the dispute arose with regard to marital discord between the husband – wife, however, she has been implicated in the FIR. Even the allegations levelled against the applicant do not prima facie disclose the involvement of the applicant in the alleged offence. There is no allegation so far Sections 323, 294(b) and 506(2) of Indian Penal Code, 1860 are concerned. Except this, no any allegation is levelled. No entrustment of the property and no allegation of adultery to attract the provisions of Section 498A of the Indian Penal Code, 1860 and there is no relationship of family relation or applicant does not fall in the category of in-law. Even considering the illicit relationship with accused No.1 and if she is mistress of accused No.1, in that event also, alleged offence is not made out. Therefore, without disclosing her active involvement in the alleged offence, applicant have been arraigned as accused in FIR.
In view of the above contentions, Mr.Motiramani prays to allow present application and quash the FIR against the applicant, as prayed for, in this application.
5. Learned counsel for respondent No.2 has opposed the present application and contended that, the accused persons caused mental and physical harassment to the complainant. He further submitted that, due to illicit relationship between the applicant and husband of complainant, both of them have made an assault on the complainant and in connivance with each other, caused cruelty upon the complainant. Therefore, present application does not deserve any consideration.
6. Learned APP appearing for the respondent-State has opposed the present application and adopting the submissions made by learned counsel for Respondent No.2, contended that, the applicant in conni
