1. Rule. The present application is filed for seeking following reliefs:

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[C] Pending hearing and final disposal of the present petition the Honourable Court be pleased direct Women Police Station, Jamnagar not to initiate any coercive action against petitioners in connection with FIR N 11202001210031 filed before Women Police Station, Jamnagar (Annexure

[D] Pass such other and further orders as may be deemed just and expedient."

2. Brief facts as per the case of the applicants in this application are as such that respondent no.2 married with the son of applicants on 29-01-2004. Further, there is a love marriage of complainant with son of applicants namely Mitulbhai. Even as per FIR, complainant & son Page 2 of 22 Downloaded on : Sat Sep 16 22:23:12 IST 2023 NEUTRAL CITATION R/CR.MA/18034/2021 JUDGMENT DATED: 20/07/2023 undefined of applicants are residing separately from applicants since 2011 and staying together at Ahmedabad. It is further the case of the applicants in this application that allegation of torturing by applicants to complainant prior to said separation is vague, not specific and stale as well. It is further the case of the applicants in this application that according to the respondent no.2 as alleged, she has been ill-treated by her husband and whenever, applicants came to her home-Ahmedabad, due to incitation of applicants to her husband, they all ill- treated respondent no.2. As such entire allegation against applicants are false story concocted by respondent no.2 because since decade respondent no.2 is residing separately from applicants and just to rope the applicants into alleged offence, a false FIR came to be filed against them. It is further the case of the applicants in this application that applicants are USA citizen since 2011 and residing there permanently and before become USA citizen also, they were residing at USA since 2002 also holding green card prior to get citizenship. It is further the case of the applicants in this application that having separately residing from respondent no.2-daughter in law, applicants have hardly Page 3 of 22 Downloaded on : Sat Sep 16 22:23:12 IST 2023 NEUTRAL CITATION R/CR.MA/18034/2021 JUDGMENT DATED: 20/07/2023 undefined any occasion to stay with her on their visit to India after 2011 than allegation of torturing and ill-treating her is far away from truth. It is further the case of the applicants in this application that domestic issue if any between respondent no.2 with her husband-son of applicants has no direct relation with applicants being residing separately from them. It is further the case of the applicants in this application that FIR is filed with a malafide intention to drag in-laws who are senior citizen without there being any fault on their part. It is further submitted that allegation of cruelty against applicants leveled in FIR is of years back. This itself shows that allegation made in the complaint is got up one and without any proof or material to substantiate the allegation. It is further the case of the applicants in this application that FIR came to be lodged at Jamnagar, whereas alleged offence occurred at Ahmedabad then also, FIR requires to be quashed. Hence, this application is preferred.

3. Heard learned advocate Mr. Maulik J. Shelat for the applicants and Mr. Dhawan Jayswal, learned Assistant Government Pleader (APP) for and on behalf of Page 4 of 22 Downloaded on : Sat Sep 16 22:23:12 IST 2023 NEUTRAL CITATION R/CR.MA/18034/2021 JUDGMENT DATED: 20/07/2023 undefined respondent No.1 - State. Though service of notice, respondent No.2 has not chosen to appear.

5. Learned advocate Mr. Maulik J. Shelat representing the applicants has submitted that the present application is filed by the father-in-law and mother-in-law of respondent No.2, who are U.S. citizens, under the provisions of Sections 398A , 323 , 504 , 506(2) , and 114 of the Indian Penal Code (hereinafter referred to as "the IPC " for short). Furthermore, he has pointed out that the impugned F.I.R. does not contain any specific allegations against the father-in-law and mother-in-law of respondent No.2, who normally reside in the U.S.A. He has also argued that the general allegations made in the F.I.R. do not establish a prima facie case under the provisions of IPC or any other offense. Mr. Shelat has further contended that if any serious role is attributed to the husband, the applicants cannot be connected to the incident. Considering the age of the father-in-law and mother-in-law, aged about 69 and 67, respectively, and the general nature of the allegations aimed at implicating the entire family, Mr. Shelat asserts that filing the present F.I.R. amounts to an abuse of process Page 5 of 22 Downloaded on : Sat Sep 16 22:23:12 IST 2023 NEUTRAL CITATION R/CR.MA/18034/2021 JUDGMENT DATED: 20/07/2023 undefined of law. As per the judgment of the Hon'ble Supreme Court in the case of State of Haryana V/s Bhajan Lal, reported in AIR 1992 SC 604, the present application should be allowed.

5.1 Per contra, Mr. Dhawan Jayswal learned Assistant Government Pleader (APP) for and on behalf of respondent No.1 - State has submitted that a prima facie case is made out against all the accused persons. He has fairly conceded that the allegations made in the impugned F.I.R. are not of a serious nature and are more general in nature. However, he argues that serious allegations are made against the husband of respondent No.2.

5.2 At this stage, Mr. Shelat, learned advocate, has clarified that he has not filed any application for the husband of respondent No.2.

5.3 Therefore, in view of this clarification, Mr. Jayswal submits that a prima facie case is made out, and it is appropriate to proceed with the trial, with the Court passing appropriate orders after considering the rival Page 6 of 22 Downloaded on : Sat Sep 16 22:23:12 IST 2023 NEUTRAL CITATION R/CR.MA/18034/2021 JUDGMENT DATED: 20/07/2023 undefined submissions made at the bar.

6.1 I have considered the rival submissions made at the bar. It is required to refer the provisions of Sections 498A , 323 , 504 , 506(2) & 114 of the IPC, as under:

Section 323 in The Indian Penal Code :- Page 7 of 22 Downloaded on : Sat Sep 16 22:23:12 IST 2023

Whoever, except in the case provided for by section 334 , voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. Section 504 in The Indian Penal Code :-

Section 506 in The Indian Penal Code :-

If threat be to cause death or grievous hurt, etc.--and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 8 Page 8 of 22 Downloaded on : Sat Sep 16 22:23:12 IST 2023 NEUTRAL CITATION R/CR.MA/18034/2021 JUDGMENT DATED: 20/07/2023 undefined [imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Section 114 in The Indian Penal Code :-

Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence." 6.2 It appears that even if the allegations against the applicants herein were to be considered, they would not constitute any offence. Moreover, the contents of the F.I.R. do not disclose sufficient material to establish a cognizable offence but rather indicate a non-cognizable offence. Upon careful examination of the F.I.R., it becomes apparent that no cognizable offence is evident. It seems that the complainant, with the intention to implicate the entire family of respondent No.2's husband, has named the parents of the husband in the present complaint. Furthermore, considering the fact that the Page 9 of 22 Downloaded on : Sat Sep 16 22:23:12 IST 2023 NEUTRAL CITATION R/CR.MA/18034/2021 JUDGMENT DATED: 20/07/2023 undefined present applicants are U.S. Passport holders and are not usually present in India, the allegations made in the F.I.R. appear implausible. Given that the grievance is primarily against the husband, who is not before this Court, and considering the age of the applicants herein, even the general allegations made in the present application do not constitute a prima facie offence against the applicants.

6.3 It is fruitful to refer the judgment of the Hon'ble Apex Court in the cases of (i) R. Natrajan and Another verus State of Tamil Nadu reported in (2021) 7 SCC 204, specifically, paragraphs 5 and 6 are relevant, as under:

( ii) Preeti Gupta and Another versus State of Jharkhand and Another reported in (2010) 7 SCC 667, specifically, paragraphs 33 to 37 are relevant, as under:

( iii) Kartik Chandra Majee @ Kartik Chand Majee and Others versus State of Jharkhand and Another reported in (2018) 13 SCC 747, specifically, paragraphs 9 and 10 are relevant, as under:

7. ... In the exercise of this wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The saving of the High Court's inherent powers, both in civil and criminal matters, is designed to achieve a salutary public purpose which is that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution. In a criminal case, the veiled object behind a lame prosecution, the very nature of the material on which the structure of the prosecution rests and the like would justify the High Court in quashing the Page 15 of 22 Downloaded on : Sat Sep 16 22:23:12 IST 2023 NEUTRAL CITATION R/CR.MA/18034/2021 JUDGMENT DATED: 20/07/2023 undefined proceeding in the interest of justice. The ends of justice are higher than the ends of mere law though justice has got to be administered according to laws made by the legislature. The compelling necessity for making these observations is that without a proper realisation of the object and purpose of the provision which seeks to save the inherent powers of the High Court to do justice, between the State and its subjects, it would be impossible to appreciate the width and contours of that salient jurisdiction.'

41. Inherent power given to the High Court under Section 482 CrPC is with the purpose and object of advancement of justice. In case solemn process of Court is sought to be abused by a person with some oblique motive, the Court has to thwart the attempt at the very threshold. The Court cannot permit a prosecution to go on if the case falls in one of the categories as illustratively enumerated by this Court in State of Haryana v. Bhajan Lal . Judicial process is a solemn proceeding which cannot be allowed to be converted into an instrument of operation or harassment. When there are materials to indicate that a criminal proceeding is manifestly attended with mala fides and proceeding is maliciously instituted with an ulterior motive, the High Court will not hesitate in exercise of its jurisdiction under Section 482 CrPC to quash the Page 16 of 22 Downloaded on : Sat Sep 16 22:23:12 IST 2023 NEUTRAL CITATION R/CR.MA/18034/2021 JUDGMENT DATED: 20/07/2023 undefined proceeding under Category 7 as enumerated in State of Haryana v. Bhajan Lal , which is to the following effect: (SCC p. 379, para 102) '102. (7) Where a criminal proceeding is manifestly attended with mala fides 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.' Above Category 7 is clearly attracted in the facts of the present case. Although, the High Court has noted the judgment of State of Haryana v. Bhajan Lal , but did not advert to the relevant facts of the present case, materials on which final report was submitted by the IO. We, thus, are fully satisfied that the present is a fit case where the High Court ought to have exercised its jurisdiction under Section 482 CrPC and quashed the criminal proceedings."

10. The present case was fully covered by Category 7, as enumerated in State of Haryana v. Bhajan Lal , the complainant married Amiya Kumar Majee subsequent to severing all relations by his father which was published in the newspaper on 31-5-1999. Several years after marriage, the complaint is filed on vague allegations against the nine accused without imputing Page 17 of 22 Downloaded on : Sat Sep 16 22:23:12 IST 2023 NEUTRAL CITATION R/CR.MA/18034/2021 JUDGMENT DATED: 20/07/2023 undefined specific roles of the accused from which offence under Section 498 CrPC could be made out. The fact that before the Magistrate himself, the complainant compromised the matter with her husband and proceeded to prosecute the father of the husband, uncles of the husband and brothers of the husband clearly proves the case of the appellants that the entire proceedings were initiated to put pressure on the appellants due to personal grudge of the son being disinherited and separated from the family. We are of the view that in the present case, the High Court ought to have exercised its power under Section 482 CrPC for quashing criminal complaint and proceedings consequent thereof."

6.4 Therefore, I am of the opinion that the continuation of this proceeding based on the impugned F.I.R. would amount to an abuse of process of law. Hence, no fruitful purpose would be served by continuing this matter. It is thus appropriate to exercise my inherent powers under Section 482 of the Criminal Procedure Code, 1973, in view of the judgment of the Hon'ble Supreme Court in the case of State of Haryana V/s Bhajan Lal reported in AIR 1992 SC 604, wherein the Hon'ble Supreme Court has observed as follows:-

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NEUTRAL CITATION R/CR.MA/18034/2021 JUDGMENT DATED: 20/07/2023 undefined (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under sec.156(1) of the Code except under an order of a Magistrate within the purview of sec.155(2) of the Code.

evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR 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 sec.156(2) of the Code.

(5) Where the allegations made in the FIR 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 Page 20 of 22 Downloaded on : Sat Sep 16 22:23:12 IST 2023 NEUTRAL CITATION R/CR.MA/18034/2021 JUDGMENT DATED: 20/07/2023 undefined 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 continuance of the proceedings 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 mala fide 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."

7. Accordingly, the present application is allowed.

8. Impugned F.I.R. C.R. No.11202001210031 filed before Women Police Station, Jamnagar is hereby quashed and set aside qua the applicants herein.

9. Consequential proceedings pursuant to the impugned Page 21 of 22 Downloaded on : Sat Sep 16 22:23:12 IST 2023 NEUTRAL CITATION R/CR.MA/18034/2021 JUDGMENT DATED: 20/07/2023 undefined F.I.R. are hereby quashed and set aside qua the applicants herein.

Rule is made absolute.

(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 22 of 22 Downloaded on : Sat Sep 16 22:23:12 IST 2023