Pravinsinh Harisinh Chavda vs State Of Gujarat
12 July, 2023
Quoram- Sandeep N. Bhatt
Introduction-
The applicant in this case has filed an application under Section 482 of the Code of Criminal Procedure, seeking the quashing of the FIR filed against them. The FIR was filed for offenses punishable under Sections 306, 498A, and 114 of the Indian Penal Code. The brief facts of the case are as follows:
Facts-
The deceased and the applicant were married in 2009 and had a son together. It is alleged that after five years of marriage, when the deceased was unable to conceive, the applicant and their family subjected her to mental and physical harassment. The deceased would often return to her parental home and was sent back to her matrimonial home after counseling. It is further alleged that the deceased informed her father 12 months before her suicide that the accused had sold the ornaments given to her and harassed her when she demanded them. On April 18, 2021, the deceased committed suicide by hanging, and her father filed the FIR against the applicant.
Case-
During the hearing, the applicant’s advocate argued that no prima facie case was made out against the applicants based on a reading of the FIR. They claimed that there was no proximity between the alleged incidents of harassment and the suicide, and no suicide note was found. They further argued that the allegations made under Section 498A lacked believable material.
The advocate relied on various judgments, including those of the Supreme Court, to support their argument for quashing the proceedings. They emphasized the inherent powers of the court under Section 482 of the Cr.P.C. and Article 226 of the Constitution of India.
The prosecutor objected to the quashing of the FIR, stating that the allegations in the FIR, along with the chargesheet filed, established a prima facie case against the applicants. They argued that continuous harassment of the deceased was evident from the bare reading of the FIR.
Judgement-
After considering the arguments and the cited judgments, the court concluded that prima facie material was available against the applicants. It determined that the allegations in the FIR constituted offenses under Sections 306 and 498A of the IPC, which needed to be adjudicated through a proper criminal trial. Therefore, the court dismissed the application and allowed the proceedings to continue.
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Written by- Aadit Shah
