KARAN SWARUPBHAI KAYAL vs STATE OF GUJARAT
- Court
- Gujarat High Court
R/CR.MA/4880/2026 JUDGMENT DATED: 14/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 4880 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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KARAN SWARUPBHAI KAYAL & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR.ABID PATHAN for MR VIRAL M PANDYA(5257) for the Applicant(s) No.
1,2,3
MS.MONALI BHATT, APP for the Respondent(s) No. 1
MR.NIMIT SHUKLA for VANYA B KEWALRAMANI(8517) for the
Respondent(s) No. 2
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CORAM: HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 14/07/2026
JUDGMENT
1. Rule returnable forthwith. Learned APP Ms.Monali Bhatt
waives service of notice of Rule on behalf of respondent-
State. Learned advocate Mr.Nimit Shukla waives service
of notice of Rule on behalf of respondent no.2.
2. The present application is filed for quashment of FIR
No.11191030260002 of 2026 registered with West
Mahila Police Station, Ahmedabad City for the offence
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punishable under section 85, 115(2), 296(b), 351(2), and
54 of BNS, 2023 and section 4 of the Dowry Prohibition
Act.
2.1. It is case of the complainant, who is the wife of the
applicant no.1-husband and daughter-in-law of
applicants no.2 and 3 that she was serving in Vodafone
India Pvt. Ltd. in the year 2018 and came into the
contact with the accused no.1. Thereafter, intimacy
developed between the complainant and applicant no.1
in the year 2021 and engagement ceremony was
performed with the consent of the family members on
03.05.2022. After the engagement a call was received
from the applicant no.2 to the mobile of the mother of
the complainant asking that what gift would be given to
the applicant no.1. The mother of the complainant
suggested that a four wheeler car would be given
however, the applicant no.2 has demanded in addition to
the car, cash amount and same was transferred by the
complainant in the account of applicant no.2 i.e the
mother-in-law to the extent of Rs.23,00,000/-. On
06.02.2023, the marriage was solemnized and the
complainant went to stay with the applicants and on the
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next day of the marriage, the complainant was informed
to hand over the gold and silver ornaments to be kept in
the locker which was given by the complainant.
Thereafter, on the third day, the complainant and the
applicant no.1 had plans to go to Bali for honeymoon, to
which the father-in-law i.e the applicant no.3 has
instructed the complainant that the applicant no.1 would
not incur the expenses of Bali. After 2.5 months of the
marriage, when the complainant checked the mobile of
the husband, it was found that he was having an affair
with other lady. On asking about the same, the husband
slapped the complainant 2 to 3 times. Six months later,
the husband went to Pune for work and when the
complainant has asked if she could accompany him, he
denied the same. After the applicant no.1 left for Pune,
the complainant stayed with applicants no.2 and 3, who
are the mother-in-law and father-in-law and where the
complainant was tortured on the ground of household
chores.
2.2. It is also alleged that the applicant no.1 has instructed
the complainant to transfer her salary in the account of
the applicant no.2 and as the complainant eventually got
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tired due to the torture of in laws she started to search
for a job at Pune where the applicant no.1 was staying.
In the month of January, 2024 the complainant got a job
at Pune after giving interview and on receiving the offer
letter to which the applicant no.1 informed her that he
was fired from his place of occupation because of
inhuman behaviour with a lady colleague. It was
informed by the applicant no.1 that as he was
terminated from work, he himself was going back to
Ahmedabad and therefore, the complainant was asked
not to join the job at Pune. Thereafter, for 2 to 3 months
the applicant no.1 did not join any work and on
15.06.2024 when all applicants and complainant were
having dinner, the complainant was beaten on the
ground that proper food is not prepared.
2.3. In the first week of August, 2024 when mother of the
complainant fell ill, the complainant went to her parental
house to which the in-laws had informed her that she
may not return to the matrimonial house and as the
mother of the complainant was suffering from illness she
stayed at her mother's house since the father of the
complainant had passed away long back and the brother
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of the complaint was a minor. In the month of
September, 2024 when the complainant returned to the
matrimonial house, she was not allowed to enter and it is
alleged that all the applicants had taken the financial
benefits from the present complainant to the extent of
Rs.33,34,633/-. With above allegations, the impugned
FIR is filed.
3. Heard learned advocate Mr.Abid Pathan for the
applicants, the learned APP Ms.Monali Bhatt for the
respondent-State and learned advocate Mr.Nimit Shukla
for respondent no.2.
3.1. It is submitted by learned advocate Mr.Abid Pathan
for the applicant that at the most there is dispute
between the husband and wife and for that the applicant
no.2 and 3 were falsely implicated. It is submitted by
learned advocate Mr.Abid Pathan that the applicant is
ready for not pressing the application for applicant no.1
i.e the husband of the complainant, provided that
protection be given to the remaining applicants. It is
submitted by learned advocate Mr.Abid Pathan that the
impugned FIR is a counter blast against the proceeding
initiated by the applicant no.1 under section 9 of the
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Hindu Marriage Act before the learned Family Court for
restitution of conjugal rights. It is submitted by learned
advocate Mr.Abid Pathan that the allegation made in the
FIR with regard to demand made at the time of marriage
is misconceived as, as per the joint decision of the
parties, the expenses of the marriage was borne by both
the parties. It is submitted by learned advocate Mr.Abid
Pathan that the engagement ceremony was held at
Hillock Hotel, Vaishnodevi Circle, Ahmedabad and the
marriage ceremony took place at Taj Ummed Hotel,
Airport, Ahmedabad thereafter, the reception was
organized at Metropole Hotel, RTO Circle, Ahmedabad
and all expenses was borne equally by both the parties.
It is submitted by learned advocate Mr.Abid Pathan that
the applicant has made sincere efforts to bring the
complainant to the matrimonial house but the
complainant remains adamant and unwilling to co-habit.
It is submitted by learned advocate Mr.Abid Pathan that
even bare reading of the FIR suggests that no cognizable
offence against the present applicant exists and in that
background, the impugned FIR is required to be
quashed by exercising the inherent power. By submitting
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the same, learned advocate Mr.Pathan prays to allow
this application.
3.2. Learned advocate Mr.Nimit Shukla appearing for
respondent no.2 has submitted that FIR clearly
delineates a pattern of severe physical, mental and
financial cruelty perpetrated by the applicants against
respondent no.2 since her marriage on 06.02.2023. It is
submitted that the transfer of amount is supported by
the account statement as well as the instructions given
by the husband to transfer the salary in the account of
mother-in-law is supported by the WhatsApp chat
messages. Learned advocate Mr.Nimit Shukla submits
that as the mother of the complainant was seriously ill,
the brother is of tender age and in absence of her father
genuine attempts at social reconciliation are made as
well as matter was also referred to pre-litigation Lok
Adalat, which ultimately failed. It is submitted by
learned advocate Mr.Shukla that the contention of the
applicant that the amount was voluntarily paid towards
the purchase of car is not correct. It is submitted that
there was a specific demand for dowry made by the
applicant and applicant no.2 has insisted on receiving
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cash in addition to of car. Such transfer was effected at
the insistence and instructions of applicant no.1. It is
submitted by learned advocate Mr.Shukla that copy of
relevant NEFT transactions are also part of the
investigation. It is submitted that immediately after the
marriage, the ornaments of complainant were forcibly
taken by the applicant and were in exclusive custody of
the applicants. It is submitted by learned advocate
Mr.Shukla that when the husband was at Pune the
complainant was living with the applicants no.2 and 3
and the complainant was subjected to continuous verbal
abuse, humiliation regarding household chores and
persistent taunts for bringing insufficient dowry. It is
submitted by learned advocate Mr.Shukla that the
complainant was asked to transfer Rs.10,34,633/- from
her salary account and savings of the complainant, in
addition to the earlier transfer of Rs.23,00,000/-, which
is supported by the bank statement. It is submitted that
on 15.06.2024 the applicant no.1 threw plate of food on
the complainant, verbally abused her and assaulted by
slapping her two to three times in the presence of the
remaining accused. It is submitted by learned advocate
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Mr.Shukla that after visiting her parents’ home for
taking care of her mother when she returned on
19.08.2024, she was forcibly driven out from the
matrimonial house. It is submitted by learned advocate
Mr.Shukla that even the expense of the honeymoon is
also borne by the complainant, which is also supported
by the bank account as well as the receipt issued by the
Hotel.
3.3. It is submitted by learned advocate Mr.Shukla that
filling of the family suit is nothing but a pre-emption
legal strategy intended to create defence in anticipation
of the criminal proceeding rather than sincere efforts for
reconciliation. It is submitted by learned advocate
Mr.Shukla that when the matter was placed before the
pre-litigation committee, the applicant did not show the
willingness to settle the dispute. It is submitted that the
allegation with regard to denial of cohabitation is also
incorrect as the complainant was physically assaulted
and forcefully expelled from the matrimonial house on
19.08.2024. It is submitted by learned advocate
Mr.Shukla that after the investigation, charge-sheet has
already been filed containing the incriminating material
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against all the applicants, in that background no
interference is required and the application deserves to
be dismissed.
4. Considering the submissions made by the learned
advocates for the respective parties, it emerges that the
marriage which was solemnized of the complainant with
the applicant no.1 where the expenses were incurred by
both the family and immediately after the marriage, the
couple went to Bali for honeymoon. The material
collected during the investigation reveals that the
payment of flight tickets were made by the complainant
which is revealed from the payment receipt. It also
emerges from the bank statement of IDFC bank holding
the account of the complainant that the amount of
Rs.66500/- was transferred to Makemy Trip India
Pvt.Ltd. The GPay receipt reveals that on 15.11.2022 the
payment is made by the complainant for Bali Sightseeing
Tour to the extent of Rs.78,750/-. It also emerges that
the payment to Hotel Hillock for engagement ceremony
took place is made by the complainant to the extent of
Rs.96,400/- on 12.04.2022 Subsequently, on 05.05.2022
further amount to the extent of Rs.24,255/- was paid by
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the complainant which reveals from the bank account
statement. It also emerges that the payment is made for
the function of marriage to The Ummed, Ahmedabad by
the present complainant for two days on February 5th
and 6th of 2023. In addition to that, transaction of the
bank statement reveals that the amount was transferred
in the account of mother-in-law by the complainant. On
different occasions there are WhatsApp chats between
the parties wherein the husband has informed to the
complainant to transfer the salary in the account of
mother-in-law i.e applicant no.2 under the instructions
that the mother-in-law would save the money. It also
emerges from the Whatsapp chat that the applicant no.2
has instructed the complainant to make payment of the
reception clothes for all the accused to the extent of
Rs.44,500/-. The allegation made by the complainant that
after leaving the complainant with the remaining
accused, the husband she got a job to Pune, is supported
by the offer letter which is part of the investigating
material.
5. At this stage, the reference of relevant sections are
required to be made which are reproduced hereinbelow:
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85. 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.
115. Voluntarily causing hurt.—(1) xxx
(2) Whoever, except in the case provided for by sub-section (1) of
section 122 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 ten thousand rupees, or
with both.
296. Obscene acts and songs.—Whoever, to the annoyance of others,
(a) xxx
(b) sings, recites or utters any obscene song, ballad or words, in or
near any public place, shall be punished with imprisonment of either
description for a term which may extend to three months, or with
fine which may extend to one thousand rupees, or with both.
351. Criminal intimidation.—(1) xxx
(2) Whoever commits the offence of criminal intimidation shall be
punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both
54. Abettor present when offence is committed.—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.
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4. Penalty for demanding dowry.—If any person demands, directly or
indirectly, from the parents or other relatives or guardian of a bride
or bridegroom, as the case may be, any dowry, he shall be
punishable with imprisonment for a term which shall not be less than
six months, but which may extend to two years and with fine which
may extend to ten thousand rupees:
Provided that the Court may, for adequate and special reasons to be
mentioned in the judgment, impose a sentence of imprisonment for a
term of less than six months.]
6. Referring the above provisions, more particularly,
section 85 of BNS wherein, it is provided that when 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. "Cruelty" means
any wilful conduct that is of such a nature as is likely to
drive the woman to commit suicide. The second limb of
clause (a) of the Explanation to Section 498A of the IPC
states that cruelty means any willful conduct that is of
such a nature as to cause grave injury or danger to life,
limb or health (whether mental or physical) of the
woman. Clause (b) of the Explanation to Section 498A of
the IPC states that cruelty would also include
harassment of the woman where such harassment is to
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coerce 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. Section 3 of the Dowry Act
deals with the penalty for giving or taking dowry. It
states that any person who gives, takes, or abets the
giving or taking of dowry shall face a punishment of
imprisonment for a minimum term of five years and a
fine not less than fifteen thousand rupees or the value of
the dowry, whichever is greater. Section 4 of the Dowry
Act talks about the penalty for demanding dowry. It
further states that any person demanding dowry directly
or indirectly from the parents or other relatives or
guardians of a bride or bridegroom, as the case may be,
shall be punished with imprisonment for a term which
shall not be less than six months, but which may extend
to two years and with fine which may extend to ten
thousand rupees.
7. It is true that there are n number of decisions of the
Apex Court wherein it is held that a mere reference to
the names of the family members in criminal case arising
out of matrimonial dispute without specific allegations
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indicating their active involvement should be nipped in
the bud. The general tendency in the matrimonial cases
is to implicate all members of the husband's family when
domestic dispute arises out of matrimonial discord. It is
also true that the innocent family members may not
harass and the legal provisions may not be misused
however, the same can also not be generalized without
referring the facts involved in the case and in all cases
the FIR related to the dowry as well as cruelty define
under section 498-A cannot be quashed merely on the
ground that the same is made as arm twisting tactic by
the by the wife. Each case has to be scrutinized
independently to ascertain that whether the cruelty
inflicted on the women by her husband or his family for
which the ingredients of section 498-A is made. The
women who suffer cruelty in terms of what has been
contemplated under section 498-A of IPC cannot be
accepted to remain silent and restrain herself from
making any complaint or initiating criminal proceedings
as the same is not the intention of the legislature while
enacting the section 498-A of IPC. The provision is
meant mainly for protection of the women who is
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subjected to cruelty in the matrimonial home primarily
due to unlawful demand demand for property or any
unlawful security in the form of dowry. As each case has
to be scrutinized carefully, in the background of the
facts involved in the instant case, this Court finds that
the complainant, who is having an ill mother, a minor
brother and in absence of her father, was subjected to
cruelty at the hands of the applicants on the ground of
insufficient dowry despite her transferring various
amounts in the bank accounts of the applicants in
addition to the expenses which was borne for the
marriage ceremony.
8. Considering the overall circumstances, in the opinion of
this Court, this being exceptional case of sections 85,
115(2), 296(b), 351(2), and 54 of BNS, 2023 and section
4 of the Dowry Prohibition Act, requires to be put to
logical end by learned trial court on conclusion of
prosecution. In that background, application requires to
be rejected.
9. Resultantly, this application is rejected. Rule is
discharged.
(M. K. THAKKER,J)
ARCHANA S. PILLAI
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