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2026 Supreme(Online)(Guj) 8399

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 23240 of 2022

HONOURABLE MRS. JUSTICE M. K. THAKKER

Approved for Reporting Yes No

✔

SURENDRASINH KAPILDEVSINH RAJPUT & ORS.

Versus

STATE OF GUJARAT & ANR.

Appearance:

MR VIRAT G POPAT(3710) for the Applicant(s) No. 1,2,3,4

MR. BAKUL S PANCHAL(3676) for the Respondent(s) No. 2

MS MANSI S PANCHAL(12033) for the Respondent(s) No. 2

VRUNDA SHAH APP for the Respondent(s) No. 1

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

Date : 24/03/2026

Advocates:
For the Appellants/Petitioners: Virat G Popat, Shweta Loda
For the Respondents: Bakul S Panchal, Mansi S Panchal, Vrunda Shah

Criminal proceedings against distant relatives in matrimonial disputes, predicated purely on general, omnibus allegations without specific evidence of involvement, are liable to be quashed to prevent abuse of the legal process and misuse of matrimonial cruelty provisions.

Headnote:(A) Indian Penal Code, 1860 - Sections 498-A, 306 and 114 - Matrimonial dispute - Cruelty and abetment of suicide - Quashing of criminal proceedings - General and omnibus allegations against distant relatives residing in separate locations - Absence of specific instances of involvement - Impugned proceedings constitute abuse of process of law. (Paras 6, 6.1 and 6.2)

(B) Criminal Procedure - Quashing of proceedings - High Court’s exercise of inherent powers - Courts must exercise extreme caution against roping in distant family members in matrimonial litigation through vague, non-specific allegations - Necessity to protect relatives from frivolous prosecution initiated in the heat of matrimonial discord. (Paras 12-17)

Facts of the case:
Criminal proceedings were initiated against a group of individuals, including the spouse and his distant relatives, alleging dowry-related torture and abetment of suicide. The relatives who challenged the proceedings resided in different regions and contended that they were falsely implicated without any specific role in the alleged offences.

Findings of Court:
The court observed that the allegations against the applicants were vague, lacked specificity regarding their personal involvement, and were essentially general claims constructed to exert pressure on the spouse. Following established judicial precedents, the court held that continuing criminal proceedings against such relatives, in the absence of concrete allegations, amounts to a clear abuse of the process of law.

Issues: Whether criminal proceedings rooted in generic and non-specific allegations against distant relatives in a domestic dispute are liable to be quashed to prevent the misuse of legal provisions.

Ratio Decidendi: The court determined that when criminal proceedings are initiated against relatives based purely on their relationship with the spouse, without attributing specific overt acts or active participation in the alleged harassment, such initiation constitutes an abuse of the legal system, thereby justifying the quashing of the proceedings.

Result: Application allowed; First Information Report and subsequent criminal proceedings quashed and set aside.

JUDGMENT

1. The present application is filed for quashment of the FIR being C.R. No.11191044220343 of 2022 registered with Ghatlodiya Police Station, Ahmedabad City for the offences punishable under Sections 498-A, 306, and 114 of the Indian Penal Code, as well as for quashment of the charge-sheet numbered as Criminal Case No.112213 of 2022 (qua applicant Nos.1, 3 and 4 herein) and Criminal Case No.15175 of 2023 (qua applicant No.2 herein)

2. As per the allegations of the FIR, which is filed against the 8 persons including the present applicants who are the uncle, aunt, and the son and daughter of the uncle. As per the FIR, it is alleged that the daughter, who married with the accused No.1 in the year 2021, went to stay with her in-laws at Mysore and thereafter, the husband of the deceased was transferred to Ahmedabad. Therefore, they all came to Ahmedabad where she was tortured by all accused on the ground of bringing less dowry. The present applicants, who are staying in Bihar and the relatives of accused No.1, used to instigate accused No.1 and on such instigation, as per the allegations made in the FIR, the accused No.1 - husband used to harass the deceased. With the above contentions, the FIR was filed, which is the subject matter of challenge before this Court by the present applicants.

3. Heard learned advocate Mr. Shweta Loda for learned advocate Mr. Virat Popat appearing for the applicants and the learned APP Ms. Shah for the State. Though the appearance is filed by the learned advocate Ms. Mansi Panchal for the complainant, no one has appeared when the matter was taken up for hearing.

4. It is submitted by the learned advocate Ms. Lodha for the applicants that the present applicants are staying in different States and are the uncle and aunt of accused No.1. The only allegation in the FIR is that, as applicant No.1 was working at Patna and was born and brought up by the uncle and aunt, therefore, he was obeying the instructions of the present applicants and under the instigation of the applicants, he used to torture the deceased on the ground of less dowry. It is submitted by the learned advocate Ms. Lodha that applicant No.3 is studying at Bangalore, while applicant No.4 is married and staying separately at Surat as a housewife and has one kid. It is submitted that, as per the contentions of the FIR, the deceased married to the accused No.1 on 29.04.2021 and stayed for about 15 days at Patna. Thereafter, the husband and wife left for Mysore where accused No.1 was working. On being transferred, they came to Ahmedabad on 21.08.2021, it is submitted that at no point of time the applicants have visited to Ahmedabad, nor were any calls made by the applicants. It is submitted that, though to exert pressure on the husband, the applicants, who are the uncle, aunt and the cousin brother and sister of accused No.1 were implicated in the FIR, which is nothing but an abuse of the process of law. In that background, it is prayed to allow the present application by quashing and setting aside the impugned FIR.

5. Per contra, the learned APP Ms. Shah for the State has submitted that, as per the statements of the relatives, the present applicants, though staying at a distant place, used to instigate the husband and in turn the husband used to torture to the deceased wife, therefore, they played an active role in the victim committing suicide. It is submitted that though the charge-sheet is filed, as the present applicants in the present application were granted interim relief in terms of para 11(C), the trial has not commenced. In that background, it is submitted to reject the present application.

6. Having considered the submissions made by the learned advocates for the respective parties and on referring to the allegations made in the FIR, which is filed against 8 accused including the present applicants who are the uncle, aunt and cousin brother and sister of accused No.1. The only allegation against the present applicants made in

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2026 Supreme(Online)(Guj) 8399

Criminal proceedings against distant relatives in matrimonial disputes, predicated purely on general, omnibus allegations without specific evidence of involvement, are liable to be quashed to prevent abuse of the legal process and misuse of matrimonial cruelty provisions.

Cases Referred (7)