R/CR.MA/21294/2019 ORDER DATED: 18/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 21294 of 2019 ========================================================== AFZALBHAI RAJAKBHAI RAUMA & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: HCLS COMMITTEE(4998) for the Applicant(s) No. 1,2,3,4,5,6 MS. BHAVNA D ACHARYA(6406) for the Applicant(s) No. 1,2,3,4,5,6 NOTICE SERVED BY DS for the Respondent(s) No. 2 MR. CHINTAN DAVE, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 18/08/2025 ORAL ORDER 1. Though served, none appears for the respondent No.2. 2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioners have prayed for quashing and setting aside FIR being C.R.No.II - 100 of 2019 registered with Songadh Police Station, Bhavnagar for the offences punishable under Sections 498(A), 504, 506(2), 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioners herein. 3. Learned advocate for the petitioners, under instructions, does not press the present petition qua petitioner No.1. Accordingly, the petition stands dismissed as not pressed qua petitioner No.1. 4. Seeking quashment of the impugned FIR, learned advocate R/CR.MA/21294/2019 ORDER DATED: 18/08/2025 for the petitioners would submit that the FIR in question has been lodged on account of matrimonial discord between petitioner No.1 and the complainant. It is submitted that petitioner No.2, who is only a friend of petitioner No.1, does not fall within the definition of ‘relative of the husband’ and has been wrongly implicated. In so far as petitioners No.3 to 5 are concerned, they happen to be the father-in-law, mother-in-law, brother-in-law (jeth) and sister-in-law (jethani) of the complainant, and the allegations levelled against them are omnibus and general in nature, without any specific role attributed to them. It is, therefore, contended that continuation of the criminal proceedings against the petitioners would amount to sheer abuse of the process of law. Upon such submission, learned advocate for the petitioners prays to allow this petition. 5. Learned APP considering the peculiar facts and circumstances of the case, prays to pass necessary orders. 6. Heard learned advocates for the respective parties. 7. Perusing the contents of the FIR, what could be noticed that so far as offence punishable u/s 504 and 506(2) of the IPC are concerned, there cannot be an intentional insult with an intent to provoke breach of peace. These essential ingredients are totally lacking on reading the FIR as well as all the evidence on record. At no point of time, it comes on record that because of intentional insult by the accused, the complainant was provoked to break public peace or to commit any other offence. Considering the contents of the FIR, the prosecution failed to bring the case within four corners of “with an intent to cause R/CR.MA/21294/2019 ORDER DATED: 18/08/2025 alarm to the complainant”. 8. In the case of State of Haryana Vs. B.Bhajanlal & ors., AIR 1992 SC 604, the Hon’ble Apex Court summed up the proposition of law, which reads as under:- “(1) Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations ins the F.I.R. and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under S.156(1) of the Code except under an order of a Magistrate within the purview of S.155(2) of the code. (3) Where, the uncontroverted allegations made in the F.I.R. or complaint and the evidence collected in support of the same donot disclose the commission of any offence and make out the case against the accused. (4) Where, the allegations in the F.I.R. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under S.155(2) of the Code. (5) Whether, the allegations made in the F.I.R. or complaint are sO absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where, there is an express legal bare engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) toi the institution and/or where there is a specific provision in the Code or the concerned Act, providing efficacious R/CR.MA/21294/2019 ORDER DATED: 18/08/2025 redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge." 8.1 The findings of the Hon’ble Apex Court in para 1,3 and 7 are attracted in the present case. In view of above, present petition deserves consideration. 9. This Court is quite conscious that power u/s 482 of the Code of Criminal Procedure, 1973 is extraordinary power and should be used sparingly, as the exercise of such power would scuttle the FIR at the threshold. But, if the FIR fails to make out essential ingredients of the offence, power should be exercised. 10. Resultantly, the present petition succeeds and is hereby allowed. The impugned FIR being C.R. No. II-100 of 2019 registered with Songadh Police Station, District Bhavnagar, insofar as it pertains to petitioners No.2 to 6, stands quashed and set aside. Consequently, all further proceedings arising therefrom shall also stand terminated. Rule is made absolute accordingly. Direct service is permitted. (J. C. DOSHI,J) MANISH MISHRA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MANISH MISHRA(HC01776), STENO GR II, at High Court of Gujarat on 20/08/2025 15:21:21