IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY SUBORDINATE COURT) NO. 1084 of 2024 With R/CRIMINAL REVISION APPLICATION NO. 1100 of 2024 ==========================================================

PARMAR KANKUBEN W/O KANABHAI @ KOHYABHAI PARMAR & ORS.

Versus STATE OF GUJARAT ==========================================================

Appearance:

MR JIGAR D DAVE(6528) for the Applicant(s) No. 1,2,3 MR HARDIK MEHTA APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 01/08/2024 COMMON ORAL ORDER

1. The present revision applications have been filed praying to quash and set aside the order dated 09.07.2024 passed below Exhibit-5 and Exhibit-4 respectively in Sessions Case No.4 of 2024 by the learned Sessions Court, Aravalli at Modasa, and also prayed to discharge the applicants from the charges punishable under sections 306 and 114 of Indian Penal Code.

2. The FIR being FIR No.11188006230472 of 2023 was registered before the Malpur Police Station, Dist. Arvalli on 24.08.2023, under sections 306 and 114 of IPC.

3. The facts of the case, as was noted are that the minor daughter of the applicants was alleged to have been abducted and kidnapped from the lawful guardianship of applicant no.1, by the son of original complainant namely Vishal S/o. Somabhai Kalabhai Parmar. Having come to know of the said fact on 16.08.2023, a complaint being FIR No.0443/2023 was registered with Malpur Police Station, Dist. Aravalli for the offence punishable under sections 363 and 366 of I.P.C. and under section 12 of the Protection of Children From Sexual Offences Act, 2012 (hereinafter referred to as ‘POSCO’ for short). Thereafter, on 18.08.2023, the applicant no.1 had registered another complaint bearing Cr.No.II- 0449/2023 with Malpur Police Station, Dist. Aravalli for the offences punishable under sections 323, 504, 506(2) and 114 of IPC against the original complainant of the present matter, her son and her husband.

3.1 As per the facts, on 21.08.2023, original complainant and her son Jigar S/o Somabhai Chamar, both had appeared to the Malpur Police Station to record the statement, but husband of the complainant did not appear before the Malpur Police Station, and thereafter on 24.08.2024, the original complainant lodged the present FIR, which is impugned in the present matter. In connection to the same, discharge has been prayed under section 227 of the Code of Criminal Procedure.

4. Mr. Jigar D.Dave, learned advocate for the applicants, relied on the judgment of Samir Bipinbhai Maradiya @ Vaniya Vs. State of Gujarat, reported in 2022 (1) G.L.H. 469 and Mohit Singhal & Anr. Vs. The State of Uttarakhand & Ors., rendered on 01.12.2023 in Criminal Appeal No.3578 of 2023, to submit that there is no proximate cause to connect the present applicants with the suicide of the husband of the complainant.

4.1 Advocate Mr. Jigar D.Dave stated that on 21.08.2023, when the original complainant and her son had appeared before the Malpur Police Station, the deceased did not appear before the Malpur Police Station, and thereafter 24.08.2024, an FIR came to be lodged. Mr. Dave, thus, stated that the incident has started from 15.08.2023 and till 24.08.2024, there is no any proximate cause or any connection to show that the present applicants had abetted the commission of offence. Mr. Dave stated that the cause of death was cardio respiratory failure.

4.2 Advocate Mr. Dave further submitted that, to bring the case under section 306, as observed by this Court in earlier matter of Samir Bipinbhai Maradiya @ Vaniya (supra), the process of instigation must be explicitly alleged, and the words ‘uttered in a fit of anger or omission without any intention’, cannot be termed as instigation.

5. Referring to the facts of the case, relying on the report, Mr. Hardik Mehta, learned APP, submitted that all the accused on 16.08.2023 came to the house of the c