Gujarat High Court

Gujarat High Court: Nirzar S. Desai, J. quashed an FIR and its consequential proceedings which were registered for the offences punishable under Sections 498-A, 323, 504, 114 and 506(2) of the IPC and Section 4 of the Dowry Prohibition Act, 1961.

Respondent 2 (original complainant) had filed the above FIR stating that she got married with Anil R. Panchal and everything was good for 6 months and she delivered a baby girl but thereafter, as the job of the husband required him to stay at the place of job, he used to come once in a week to home and respondent 2 used to stay with her in laws. The present applicant, who happens to be son of maternal uncle of the husband of the complainant used to visit matrimonial home of the complainant and along with other family members, he used to taunt the complainant that she got married by cheating and she has not brought anything which would suit the reputation of the family of the husband in the society.

Advocate for the applicant submitted that barring one sentence involving the applicant, there is no allegation against the applicant in the FIR. The only allegation against the applicant is verbal taunting to the complainant and that also of absolutely general nature.

Advocate for the respondent 2, vehemently opposed the petition by submitting that because of pendency of this application and as the relief has been granted in favour of the applicant, the Investigating Officer is not filing charge sheet even against the husband. Additional Public Prosecutor could not point out any material against the applicant.

The Court after hearing the parties noted that in the entire FIR there is only one sentence whereby some role has been attributed to the applicant. Further considering the fact that the applicant happened to be the distant relative of the husband of the complainant, it seems that the impugned order is nothing but an attempt to falsely implicate the applicant as accused just with a view to harass the applicant.

The Court set aside the FIR and quashed the consequential proceedings holding that allegation against the applicant is purely of general in nature and considering the fact, that the applicant stays at a different place, the registration of impugned FIR against the applicant is nothing but an abuse of process of law.

[Paavanbhai Jagdishbhai Panchal v. State of Gujarat, 2022 SCC OnLine Guj 1127, decided on 04-08-2022]

Advocates who appeared in this case :

Ishan Rajdev for Sanat B. Pandya, Advocates, for the Applicant 1;

Montubhai G Patel, Amit N Chaudhary, Advocate, for the Respondent 2;

Maithili Mehta, Advocate, for the Respondent 1.

*Suchita Shukla, Editorial Assistant has reported this brief.

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