Lilawatiben W/O Murlidhar Soni vs State Of Gujarat on 28 July, 2026

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    Gujarat High Court

    Lilawatiben W/O Murlidhar Soni vs State Of Gujarat on 28 July, 2026

                                                                                                             NEUTRAL CITATION
    
    
    
    
                                R/CR.MA/6877/2022                            JUDGMENT DATED: 28/07/2026
    
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                                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
    
                            R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET
                                     ASIDE FIR/ORDER) NO. 6877 of 2022
    
    
                           FOR APPROVAL AND SIGNATURE:
                           HONOURABLE MR.JUSTICE P. M. RAVAL
                           ================================================
    
                                         Approved for Reporting               Yes                No
                                                                                                  √
                           ================================================
                                  LILAWATIBEN W/O MURLIDHAR SONI & ORS.
                                                      Versus
                                             STATE OF GUJARAT & ANR.
                           ================================================
                           Appearance:
                           MS KIRAN VARMA for MR BHUNESH C RUPERA(3896) for the
                           Applicant(s) No. 1,2,3,4
                           MR KAMLESH KACHHAVAH(3013) for the Respondent(s) No. 2
                           MR ROHAN SHAH, APP for the Respondent(s) No. 1
                           ================================================
    
                            CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
    
                                                         Date : 28/07/2026
    
                                                        ORAL JUDGMENT

    1. This application under Section 482 of the Criminal Procedure
    Code, 1973 (the Code) is filed by the applicants praying to quash
    and set aside the FIR being C.R. No. 11191008201178 dated
    25.10.2020, registered with Chandkheda Police Station, District:

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    Ahmedabad City for the offences punishable under Sections 498A,
    323, 294(b) and 114 of the Indian Penal Code, 1860 (IPC) and
    Sections 3 and 7 of the Dowry Prohibition Act, for the offence
    which took place between 09.12.2013 to 25.10.2020, which has
    culminated into Criminal Case No. 3443 of 2021, pending before
    the competent Court at Gandhinagar.

    2. When the matter is taken up, none is present on behalf of the
    respondent No. 2 – de facto complainant. The matter is of 2022 and
    trial Court proceedings are stayed since 28.04.2022. Hence, the
    Court proceeded with the matter, on merits.

    3. The allegations qua the applicants are to the effect that the
    applicant Nos. 1 and 2, who are the mother-in-law and the father-

    in-law, and the applicant Nos. 3 and 4, who are the sisters–in-law
    (Nanand), of the respondent No. 2 used to taunt her on the count
    that she has brought a very meager dowry and thereby, used to
    physically and mentally torture her. Another allegation is that the
    applicant No. 1 – mother-in-law also beat the respondent No. 2,
    whereas, the applicant No. 2 abetted her by giving filthy abuses. It
    is also alleged that the applicant Nos. 3 and 4, who are married
    sisters-in-law of the respondent No. 2 used to instigate the
    applicant Nos. 1 and 2 against the respondent No. 2 for bringing
    meagre dowry. Thus, the allegations against the applicants are
    that they beat, used abusive language, and physically and
    mentally tortured the de facto complainant. On the said facts, FIR

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    in question came to be lodged against the applicants.

    4. Heard, learned advocate for the applicants and the learned
    Additional Public Prosecutor for the respondent – State.

    4.1 The learned advocate for the applicants would submit that
    the applicant Nos. 1 and 2 are senior citizens, whereas, the
    applicant Nos. 3 and 4 are the sisters-in-law (Nanand) of the
    respondent No. 2 who were married in the year 2013 and 2007,
    respectively, and thus, on the date of filing of the FIR they were
    residing separately at Ahmedabad in their respective matrimonial
    homes with their in-laws and thus, the present FIR is nothing but a
    pressure tactic and with a view to see that the entire family is
    implicated in a false crime.

    4.2 It is further submitted that the applicants are falsely
    implicated in the offence in question and the allegations made
    against them are totally vague and false without there being
    anything on record to suggest specific role and/or overt act
    committed by them.

    4.3 The learned advocate for the applicants would submit that
    there is an inordinate delay in lodging the FIR inasmuch as the
    period shown in the FIR is between 2013 and 2020, for which, no
    plausible explanation is forthcoming on record.

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    4.4 It is further submitted that so far as applicant Nos. 3 and 4 –
    sisters-in-law of the respondent No. 2 are concerned, they being
    residing at their respective matrimonial homes, have nothing to do
    with the offence in question so also with the day-to-day affairs of
    the applicant Nos. 1 and 2 or the husband of the de facto
    complainant inasmuch as, they rarely and occasionally visit their
    paternal home at village: Didwana, District: Nagaur, Rajashthan
    and thus, the allegations against them are completely false and
    fictitious.

    4.5 It is further submitted that prior to filing of the present FIR,
    the respondent No. 2 had preferred an application before the
    concerned police station, however, she did not lodge any
    substantive FIR and thus, she is in habit of making such false
    complaints inasmuch as, while the applicant Nos. 3 and 4 are the
    married daughters, the applicant Nos. 1 and 2, who are the
    parents-in-law, were also residing separately from their son –
    husband of the de facto complainant, which fact can be
    substantiated from a Public Notice dated 27.03.2020, a copy of
    which is produced at Annexure ‘C’ to this application, wherein, it
    is specifically informed that his (applicant No. 2’s) son, the
    husband of the respondent No. 2, has a habit of drinking; is doing
    nothing and threatening the applicant Nos. 1 and 2 and also, sold
    off their belongings and that, they disown their son declaring that
    he (son) has no rights over their property and that, the applicant
    No. 2 is not responsible for the acts of his son. The learned

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    advocate for the applicants would further submit that the
    applicant No. 2 had also filed an application before the Didwana
    Police Station against his son on the aforesaid allegations and that,
    he is residing separately from them for last 3-4 years and the SDM,
    Didwana was also asked to take actions under Section 107 and
    116(3) of the Code against him.

    4.6 Making above submissions, it is submitted that present
    applicants have no role to play in the alleged offence and the FIR
    against the applicants having been filed with mala fide, it is
    requested to be quashed.

    5. As against that, the learned Additional Public Prosecutor for
    the respondent – State would submit that Charge-sheet qua in the
    case has already been filed and prima facie case is made out and
    hence, present application seeking quashment of the FIR in
    question and the criminal case pursuant thereto, may not be
    entertained at this stage.

    5.1 It is submitted by the learned Additional Public Prosecutor
    that surfing through the evidence collected during the
    investigation, would amount to a mini trial and this Court, while
    considering an application for quashing under Section 482 of the
    Code, may not conduct a mini trial.

    5.2 Making such submissions, it is urged by the learned

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    Additional Public Prosecutor that this application may not be
    entertained and it is requested to be rejected.

    6. Heard, the learned advocates for the parties present and
    perused the papers available on record.

    6.1 At the outset, it would be apt to refer to a decision in case of
    State of Haryana v. Bhajan Lal, AIR 1992 SC 604, wherein, the
    Hon’ble Apex Court crystallized seven distinct, illustrative
    categories of cases where judicial intervention under Section 482 of
    the Code or Article 226 of the Constitution is necessitated to secure
    the ends of justice and clip any abuse of the process of Court. The
    relevant portion of Paragraph 102 of the said judgment is extracted
    below:

    “(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 do not
    disclose the commission of any offence and make out the case
    against the accused.

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    (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 bar engrafted in any of the
    provisions of the Code or the concerned Act (under which a
    criminal proceeding is instituted) to the institution and/or where
    there is a specific provision in the Code or the concerned Act,
    providing efficacious 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.”

    6.2 The applicants have preferred this application under Section
    482 of the Code, seeking the quashing of the First Information
    Report (FIR) and all consequential proceeding in pursuance
    thereto. The allegations against the present applicants are beating,
    abusing and taunting with regard to meager dowry as well as
    general allegations and to abet the offence.

    6.3 Before adverting to the case on hand, it would be
    appropriate to refer to a decision of the Apex Court in Preeti
    Gupta v. State of Jharkhand
    , 2010 (0) AIJEL-SC 48656, wherein the
    Court held:

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    “28. It is a matter of common knowledge that unfortunately
    matrimonial litigation is rapidly increasing in our country. All the
    Courts in our country including this Court are flooded with
    matrimonial cases. This clearly demonstrates discontent and
    unrest in the family life of a large number of people of the society.

    29. The Courts are receiving a large number of cases emanating
    from Section 498-A of the Indian Penal Code which reads as
    under:-

    [“498-A. Husband or relative of husband of a woman subjecting
    her to cruelty.-Whoever, being the husband or the relative of the
    husband of a woman, subjects such woman to cruelty shall be
    punished with imprisonment for a term which may extend to three
    years and shall also be liable to fine.

    Explanation.-For the purposes of this Section, cruelty’ means:- [(a)
    any wilful conduct which is of such a nature as is likely to drive the
    woman to commit suicide or to cause grave injury or danger to life,
    limb or health (whether mental or physical) of the woman; or ]

    [(b) harassment of the woman where such harassment is with a
    view to coercing her or any person related to her to meet any
    unlawful demand for any property or valuable security or is on
    account of failure by her or any person related to her to meet such
    demand.”]
    ]

    30. It is a matter of common experience that most of these
    complaints under Sec. 498-A IPC are led in the heat of the
    moment over; trivial issues without proper deliberations.

    We come across a large number of such complaints which
    are not even bona fide and are led with oblique motive. At
    the same time, rapid increase in the number of genuine cases
    of dowry harassment are also a matter of serious concern.

    31. The learned members of the Bar have enormous social
    responsibility and obligation to ensure that the social fiber of family
    life is not ruined or demolished. They must ensure that exaggerated

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    versions of small incidents : should not be reflected in the criminal
    complaints. Majority of the complaints are led either on their
    advice or with their concurrence. The learned members of the Bar
    who belong to a-noble profession must maintain its noble traditions
    and should treat every complaint under Sec. 498-A as a basic
    human problem and must make serious endeavour to help the
    parties in arriving at an amicable resolution of that human
    problem. They must discharge their duties to the best of their
    abilities to ensure that social fiber, peace and tranquility of the
    society remains intact. The members of the Bar should also ensure
    that one complaint should not lead to multiple cases.

    32. Unfortunately, at the time of ling of the complaint the
    implications and consequences are not properly visualized by the
    complainant that such complaint can lead to insurmountable
    harassment, agony and pain to the complainant, accused and his
    close relations.

    33. The ultimate object of justice is to find out the truth and
    punish the guilty and protect the innocent. To find out the truth is
    a herculean task in majority of these complaints. The tendency of
    implicating husband and all his immediate relations is also not
    uncommon. At times, even after the conclusion of criminal trial, it
    is difficult to ascertain the real truth. The Courts have to be
    extremely careful and cautious in dealing with these complaints
    and must take pragmatic realities into consideration while dealing
    with matrimonial cases. The allegations of harassment of husband’s
    close relations who had been living in different cities and never
    visited or rarely visited the place where the complainant resided
    would have an entirely different complexion. The allegations of the
    complaint are required to be scrutinized with great care and
    circumspection. Experience reveals that long and protracted
    criminal trials lead to rancour, acrimony and bitterness in the
    relationship amongst the parties. It is also a matter of common
    knowledge that in cases led by the complainant if the husband or
    the husband’s relations : had to remain in jail even for a few days,
    it would ruin the chances of amicable settlement altogether. The
    process of suffering is extremely long and painful.

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    34. Before parting with this case, we would like to observe that a
    serious relook of the entire provision is warranted by the
    legislation. It is also a matter of common knowledge that
    exaggerated versions of the incident are reflected in a large number
    of complaints. The tendency of over implication is also reflected in
    a very: large number of cases.

    35. The criminal trials lead to immense sufferings for all
    concerned. Even ultimate acquittal in the trial may. also not be able
    to wipe out the deep scars of suffering of ignominy. Unfortunately
    a large number of these complaints have not only flooded the
    Courts but also have led to enormous social unrest affecting peace,
    harmony and happiness of the society. It is high time that the
    legislature must take into consideration the pragmatic realities and
    make suitable changes in the existing law. It is imperative for the
    legislature to take into consideration the informed public opinion
    and the pragmatic realities in consideration and make necessary
    changes in the relevant provisions of law. We direct the Registry to
    send a copy of this judgment to the Law Commission and to the
    Union Law Secretary, Government of India who may place it
    before the Hon’ble Minister for Law & Justice to take appropriate
    steps in the larger interest of the society.”

    6.4 Further, in the decision in Kahkashan Kausar @ Sonam v.
    State of Bihar
    , 2022 (0) AIJEL-SC 68351, the Apex Court observed
    that:

    “12. Before we delve into greater detail on the nature and
    content of allegations made, it becomes pertinent to mention
    that incorporation of section 498A of IPC was aimed at
    preventing cruelty committed upon a woman by her husband
    and her in-laws, by facilitating rapid state intervention.
    However, it is equally true, that in recent times,
    matrimonial litigation in the country has also increased
    significantly and there is a greater disaffection and friction
    surrounding the institution of marriage, now, more than

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    ever. This has resulted in an increased tendency to employ
    provisions such as 498A IPC as instruments to settle
    personal scores against the husband and his relatives.

    13. This Court in its judgment in Rajesh Sharma and Ors. Vs.
    State of U.P. & Anr.
    , (2018) 10 SCC 472 has observed:-

    “14. Section 498-A was inserted in the statute with the
    laudable object of punishing cruelty at the hands of husband
    or his relatives against a wife particularly when such cruelty
    had potential to result in suicide or murder of a woman as
    mentioned in the statement of Objects and Reasons of the
    Act 46 of 1983. The expression ‘cruelty’ in Section 498A
    covers conduct which may drive the woman to commit
    suicide or cause grave injury (mental or physical) or danger
    to life or harassment with a view to coerce her to meet
    unlawful demand. It is a matter of serious concern that large
    number of cases continue to be led under already referred to
    some of the statistics from the Crime Records Bureau. This
    Court had earlier noticed the fact that most of such
    complaints are led in the heat of the moment over trivial
    issues. Many of such complaints are not bona fide. At the
    time of ling of the complaint, implications and consequences
    are not visualized. At times such complaints lead to uncalled
    for harassment not only to the accused but also to the
    complainant. Uncalled for arrest may ruin the chances of
    settlement.”

    14. Previously, in the landmark judgment of this court in
    Arnesh Kumar Vs. State of Bihar and Anr., (2014) 8 SCC 273 it
    was also observed:-

    “4. There is a phenomenal increase in matrimonial disputes
    in recent years. The institution of marriage is greatly
    revered in this country. Section 498-A IPC was introduced
    with avowed object to combat the menace of harassment to a
    woman at the hands of her husband and his relatives. The
    fact that Section 498-A IPC is a cognizable and non-bailable
    offence has lent it a dubious place of pride amongst the

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    provisions that are used as weapons rather than shield by
    disgruntled wives. The simplest way to harass is to get the
    husband and his relatives arrested under this provision. In a
    quite number of cases, bed- ridden grandfathers and grand-
    mothers of the husbands, their sisters living abroad for
    decades are arrested.”

    15. xxx

    16. 16. In Geeta Mehrotra & Anr. Vs. State of UP & Anr.,
    (2012) 10 SCC 741 it was observed:-

    “21. It would be relevant at this stage to take note of an apt
    observation of this Court recorded in the matter of G.V. Rao
    vs. L.H.V. Prasad & Ors.
    reported in (2000) 3 SCC 693
    wherein also in a matrimonial dispute, this Court had held
    that the High Court should have quashed the complaint
    arising out of a matrimonial dispute wherein all family
    members had been roped into the matrimonial litigation
    which was quashed and set aside. Their Lordships observed
    therein with which we entirely agree that: “there has been an
    outburst of matrimonial dispute in recent times. Marriage is
    a sacred ceremony, main purpose of which is to enable the
    young couple to settle down in life and live peacefully. But
    little matrimonial skirmishes suddenly erupt which often
    assume serious proportions resulting in heinous crimes in
    which elders of the family are also involved with the result
    that those who could have counselled and brought about
    rapprochement are rendered helpless on their being arrayed
    as accused in the criminal case. There are many reasons
    which need not be mentioned here for not encouraging
    matrimonial litigation so that the parties may ponder over
    their defaults and terminate the disputes amicably by mutual
    agreement instead of fighting it out in a court of law where it
    takes years and years to conclude and in that process the
    parties lose their “young” days in chasing their cases in
    different courts.” The view taken by the judges in this matter
    was that the courts would not encourage such disputes.”

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    17. Recently, in K. Subba Rao v. The State of Telangana, (2018)
    14 SCC 452 it was also observed that:-

    “6. The Courts should be careful in proceeding against the
    distant relatives in crimes pertaining to matrimonial
    disputes and dowry deaths. The relatives of the husband
    should not be roped in on the basis of omnibus allegations
    unless specific instances of their involvement in the crime
    are made out.”

    18. The above-mentioned decisions clearly demonstrate that this
    court has at numerous instances expressed concern over the misuse
    of section 498A IPC and the increased tendency of implicating
    relatives of the husband in matrimonial disputes, without
    analysing the long term ramifications of a trial on the complainant
    as well as the accused. It is further manifest from the said
    judgments that false implication by way of general omnibus
    allegations made in the course of matrimonial dispute, if left
    unchecked would result in misuse of the process of law. Therefore,
    this court by way of its judgments has warned the courts from
    proceeding against the relatives and in-laws of the husband when
    no prima facie case is made out against them.

    6.5 Tested on the various pronouncements of the Apex Court as
    above, if the case on hand is adverted, following aspects emerge:

    a) the allegations against the applicants are vague and
    omnibus;

    b) the ingredients of the offences alleged are not satisfied qua
    the applicants inasmuch as the complainant alleged that all accused
    harassed her physically and mentally on meagre dowry and beat,
    and abused her, but no specific and distinct allegations have been

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    made against either of the appellants herein, i.e., none of the
    appellants have been attributed any specific role in furtherance of
    the general allegations made against them so far as qua alleged
    offence, more particularly, offence punishable under Section 498A
    of the IPC. This simply leads to a situation wherein one fails to
    ascertain the role played by each accused in furtherance of the
    offence.

    c) similar allegations of harassment and demand for dowry
    made in the FIR, however, without there being any specific
    instance;

    d) it is trite that small and scattered incidents without any
    immediate proximity do not constitute offence of cruelty;

    e) the contents of the FIR itself, does not repose confidence so
    far as allegations qua present applicants are concerned inasmuch as
    the applicant Nos. 1 and 2 are the parents-in-law of the de facto
    complainant whereas, the applicant Nos. 3 and 4 are the sisters-in-

    law. All the applicants were residing separately from the husband
    of the de facto complainant as while applicant Nos. 3 and 4
    indisputably got married in the year 2007 and 2013, respectively,
    the Public Notice, referred to herein above, shows that the applicant
    Nos. 1 and 2 were also stayed separately and that, they had
    disowned their son. Not only that, the applicant No. 2 had also
    filed an application against his son, a copy of which is on record;

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    f) no ingredients of offence alleged appear to have been
    satisfied in the facts and circumstances of the case so far as
    applicants are concerned;

    g) in K. Subba Rao v. The State of Telangana, (2018) 14 SCC
    452, it is held that the Courts should be careful in proceeding
    against the distant relatives in crimes pertaining to matrimonial
    disputes and dowry deaths. The relatives of the husband should not
    be roped in on the basis of omnibus allegations unless specific
    instances of their involvement in the crime are made out.”

    6.6 In view of the above, taking into consideration the facts and
    circumstances of the case vis-a-vis the aforesaid decisions of the
    Apex Court, this Court is of the considered opinion that the
    present case squarely falls within the parameters (1), (3), (5) and (7)
    as enshrined in the case of Bhajan Lal (supra) as the proceedings
    against the present applicants appear to be manifestly frivolous
    and instituted with the ulterior motive for wreaking vengeance
    and accordingly, the Court is inclined to exercise powers vested
    under Section 482 of the Code and quash the FIR qua the present
    applicants (Nos. 2 to 5).

    7. In fine, this application succeeds and is allowed, accordingly.
    FIR being C.R. No. 11191008201178 dated 25.10.2020, registered
    with Chandkheda Police Station, District: Ahmedabad City for the
    offences punishable under Sections 498A, 323, 294(b) and 114 of

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    the Indian Penal Code, 1860 and Sections 3 and 7 of the Dowry
    Prohibition Act, culminated into Criminal Case No. 3443 of 2021
    pending before the competent Court at Gandhinagar, along with
    all consequential proceedings emanating therefrom, is quashed
    and set aside qua the present applicants only.

    7.1 Rule is made absolute, accordingly. Direct service is
    permitted.

    [ P. M. Raval, J. ]
    hiren/10tss28726

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