Discover the recent judgment by the Gujarat High Court regarding the quashing of proceedings in the matter involving Original Name. The court’s decision comes in the wake of an amicable resolution of the dispute, with the original complainant withdrawing objections. Dive into the details of this crucial legal case that sets a precedent for similar situations in the future.
Arguments
- The petitioner is a distant relative and brother-in-law of Original Name, residing approximately 800 kilometers away from Original Name’s residence.
- The original complainant has filed an Affidavit stating that the dispute has been resolved amicably and has no objection to quashing the proceedings.
Analysis
- The impugned FIR and all consequential proceedings under Section 482 of the Cr.P.C. are being challenged in this case.
- The complaint was filed as a result of a dispute between a husband and wife that has been amicably settled, with the parties obtaining a divorce and withdrawing all proceedings, including under Section 498A of the IPC.
- The petitioners are facing charges under Section 498A of the IPC based on the complaint’s allegations.
- The court must carefully consider if exercising power under Section 482 of the Cr.P.C. is warranted.
- The inherent power should not be used to stifle a legitimate prosecution.
- The High Court, being the highest court, should refrain from giving a prima facie decision when facts are incomplete and issues are of significant magnitude.
- No strict rule can be laid down for cases where the High Court should exercise its inherent power under Section 482.
- Courts have to be extremely careful and cautious in dealing with complaints filed under Section 498A IPC.
- Allegations of harassment by the husband’s close relations who do not reside with the complainant must be scrutinized with great care and circumspection.
- Tendency to implicate the husband and all his immediate relations is not uncommon in such complaints.
- Pragmatic realities must be considered in dealing with matrimonial cases.
- The Apex Court has emphasized the need for careful scrutiny due to the potential complexities added by allegations against relatives living in different cities.
Decision
- Proceedings of Criminal Misc. Application No. 59 of 2020 and the order dated 21.04.2023 are quashed and set aside for the applicant.
- The applicant is directed to be released from jail if not required in connection with any other case.
- The application for fixing an early date is no longer relevant as the main matter has been disposed of.
- Direct service is permitted for the applicant.
- The application is allowed and disposed of accordingly.
Case Title: DHARMESHBHAI RAIYABHAI BAMBHANIYA Vs. POONAMBEN HARDIKBHAI SOSA
Case Number: R/SCR.A/7414/2023
