The Gujarat High Court declines to exercise its inherent powers under Section 482 of the Cr.P.C. and dismisses the applicant’s application to quash the FIR.
Case- Pravinsinh Harisinh Chavda vs State Of Gujarat
Decided on: 12th July 2023
CORAM: HON’BLE Justice Sandeep N. Bhatt
Introduction
The applicant, who is the accused in the case, has filed an application under Section 482 of the Code of Criminal Procedure seeking to invoke the inherent powers of the Court to quash the FIR (Criminal Case No. 11206038210259 of 2021) filed against them at the Laghnaj Police Station, District-Mehsana. The FIR was lodged for offenses punishable under Sections 306, 498A, and 114 of the Indian Penal Code (IPC).
Facts of the Case
The brief facts of the case are that the deceased, Kinjalba, was married to Jaydeepsinh in 2009, and they had been married for more than 12 years with a 4-year-old son named Jayveersinh. Allegedly, after 5 years of marriage and no child being born, the accused harassed Kinjalba mentally and physically, leading her to return to her parental home on several occasions. However, after counseling, she was sent back to her matrimonial home. Subsequently, she gave birth to a son named Kanji. Around 12 months before the alleged incident, Kinjalba informed the first informant (presumably her father) that the accused had sold the ornaments given to her and subjected her to mental and physical harassment. On 18th April 2021, Kinjalba committed suicide by hanging, leading her father to file the FIR against the applicant.
The Court has heard arguments from both the applicant’s counsel and the Public Prosecutor. The applicant’s counsel contends that the FIR does not establish a prima facie case for offenses under Sections 498A and 306 of the IPC. They argue that the alleged incidents of mental and physical harassment occurred 12 months before the suicide and that there is no suicide note found at the scene. They rely on various judgments to support their plea for quashing the proceedings.
On the other hand, the Public Prosecutor argues that the FIR and the chargesheet filed indicate prima facie material against the applicants for the offenses under Sections 498A and 306 of the IPC. They refer to judgments that emphasize the requirement to examine the circumstances of each case when considering the offense of abetment to suicide.
Judgement
After considering the arguments and judgments cited by both parties, the Court opines that prima facie, the allegations in the FIR satisfy the ingredients of Sections 498A and 306 of the IPC. The Court holds that the question of whether the accused instigated the deceased to commit suicide can be decided during the trial. As such, the Court declines to exercise its inherent powers under Section 482 of the Cr.P.C. and dismisses the applicant’s application to quash the FIR. The Court further states that the case requires proper adjudication through a criminal trial, and the proceedings will continue accordingly.
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Written by- Aadit Shah