1.0 Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the petitioners to quash and set aside the impugned FIR being CRNoII83 of 2010 lodged with Valsad City Police Station, Valsad, lodged by respondent no.2 herein against the petitioners for the offences punishable under Sections 498A, 323 and 114 of Indian Penal Code as well as to quash and set aside the charge sheet bearing No.148 of 2010 filed in the Court of learned JMFC, Valsad filed against the petitioner no.1.
2.0 That respondent no.2 hereinoriginal complainantwife of the petitioner no.1 has lodged the FIR being CRNoII83 of 2010 lodged with Valsad City Police Station, Valsad against the petitioner for the offences punishable under Sections 498A, 323 and 114 of Indian Penal Code on 9.5.2010 for the offences alleged to have been happened before three years of 9.5.2010 alleging inter alia that the petitioners were harassing her and she has been deserted by the petitioner no.1 and petitioner nos. 2 to 4 were instigating the petitioner no.1. That in the said complaint, the petitioner no.1 has been charge sheeted for the offences under Section 498A, 323 and 114 of the Indian Penal Code. Hence, the petitionersoriginal accused have preferred the present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure to quash and set aside the impugned FIR so far as petitioners are concerned and the charge sheet filed against petitioner no.1.
3.0 Shri Bharda, learned advocate for the petitioners has vehemently submitted that as such petitioners have not committed any offences as alleged. It is submitted the impugned FIR and the criminal proceedings initiated against the petitioners are vexatious and have been initiated with mala fide intention only to harass the petitioners. It is submitted that as such the petitioner nos. 2 and 3 are not residing in India since 2001 and are occasionally visiting India. It is submitted that petitioner nos. 2 and 3 are the permanent resident of USA and the petitioner no.4 is resident of Middle East as he is shifts their since 2006. It is submitted that as such a general and vague allegations have been made against the petitioner nos. 2 to 4. It is submitted that as such petitioner no.2 has on various occasions transfered Rs.5,25,000/ in favour of complainant for the purpose of enabling the complainant to start her boutique. It is further submitted that even the impugned FIR has been filed after a period of three years of alleged incident.
3.1. It is further submitted that the petitioner no.1 was residing with the complainant in her parental home as “Gharjamai” for 7 years along with her mother and other relative and therefore, there is no question of any mandatory harassment by the petitioners to the complainant as alleged. Therefore, it is submitted that when the impugned criminal proceedings are initiated by the complainant with mala fide intention and has tried to rope all the members of the family inclusive of family members who are permanent resident of USA and Middle East . It is requested to quash and set aside the impugned criminal proceedings as the same is nothing but an abuse of process of law and Court. Therefore, it is requested to allow present application in exercise the powers under Section 482 of the Code of Criminal Procedure.
4.0 Shri Jigar Raval, learned advocate for the original complainant has opposed the present petition and has submitted that so far as petitioner no.1 is concerned, he has been chargesheeted and the charge sheet has been filed by the Investigating Officer against the applicant no.1 for the offences under Sections 498A, 323 and 114 of the Indian Penal Code having found the prima facie case and therefore, it is requested not to exercise the powers under Section 482 of the Code of Criminal Procedure. So far as the petitioner nos. 2 to 4 are concerned, it is submitted by Shri Raval, learned advocate for the respondent no.2 that in the FIR there are specific averments and allegations with respect to harassment by the petitioner nos. 2 to 4 also and therefore, it is requested not to exercise the powers under Section 482 of the Code of Criminal Procedure.
5.0 Shri Dabhi, learned APP appearing on behalf of the respondent State has requested to pass appropriate order considering the facts and circumstances of the case.
6.0 Heard the learned advocates for the respective parties at length and also considered the averments and allegations in the FIR as well as charge sheet paper so far as applicant no.1 is concerned. It appears that so far as applicant nos. 2 to 4 are concerned, as such there are general and vague allegations that they were instigating petitioner no.1 in harassing the complainant. Except the above, there are no allegations and averments in the FIR. It is required to be noted that as such petitioner nos. 2 and 3 are resident of USA since 2001 and petitioner no.4 is the permanent resident of Middle East since 2006 and they are occasionally coming to India only for few days. It has also come on record that even the petitioner no.1 stayed with the complainant at her parental house as Gharjamai for more than 7 years. It is also required to be noted that even impugned FIR has been filed after a period of three years and has been filed on 9.5.2010 for the offences alleged to have been happened prior to three years of 9.5.2010. Considering the aforesaid overall facts and circumstances of the case, it appears that the impugned criminal proceedings initiated by respondent no.2 hereinoriginal complainant are vexatious and has been filed with mala fide intention and all the family members are tried to be involved in the Criminal Case. Under the circumstances, it appears to the Court that this is a fit case to exercise the powers under Section 482 of the Code of Criminal Procedure and to quash and set aside the impugned proceedings against the petitioners.
7.0 In view of the above and for the reasons stated above, application succeeds. The impugned FIR being CRNoII83 of 2010 lodged with Valsad City Police Station, Valsad against the petitioners as well as charge sheet filed against the petitioner no.1 are hereby quashed and set aside. Rule is made absolute to the aforesaid extent.
kaushik sd/ (M.R.SHAH, J.)