Criminal Case Over Choice Of Life Partner Is Abuse Of Process: Gujarat HC

The Gujarat High Court has quashed a criminal complaint filed by a man against his wife’s second husband, ruling that the machinery of criminal law cannot be weaponized to penalize adults for exercising their autonomy in choosing life partners. In a stern rebuke of retaliatory litigation, the Court held that continuing proceedings in a case clearly filed as a counterblast to protective judicial orders would constitute a gross abuse of the process of law.

Justice Vimal K. Vyas heard the application filed under Section 482 of the Code of Criminal Procedure, 1973. The applicant-accused sought the quashing of an FIR involving charges of bigamy and criminal intimidation, which arose from a dispute where the complainant's former fiancée had eloped with and married the applicant after rejecting a traditional childhood engagement arrangement.

Judicial Scrutiny of Vexatious Prosecution

The Court observed that the FIR was filed with a significant delay and appeared to be an attempt to exert pressure on the couple. The Bench noted that the wife of the applicant had previously moved the High Court in Special Criminal Application No.8391 of 2022 to seek protection from her family and the complainant, and the current FIR was lodged immediately after that order was served.

The Court has the following directions:

"The First Information Report being No.11195017220650 of 2022 lodged before the Deodar Police Station, District Banaskantha, for commission of the offences punishable under Sections 494, 294(b), 506(2) and 114 of the Indian Penal Code, are hereby ordered to be quashed and set-aside. All other consequential proceedings arising pursuant thereto are also quashed and set-aside."

The Court, in its reasoning, observed: "Having regard to the peculiar facts and circumstances of the case and perusal of the contents of the FIR, this Court is of the considered view that, it was the independent decision of the accused no.1 and the victim to get married... In such circumstances, the applicants cannot be liable for the decision of the marriage allegedly taken voluntarily by the two matured persons."

Background

The dispute originated from a 'SATA' arrangement (a traditional exchange marriage system) where the wife, Leelaben, was engaged to the complainant during her childhood. Unhappy with the arrangement, she eventually eloped with the applicant-accused in July 2022. The couple registered their marriage in Ahmedabad. Following threats from her family, Leelaben approached the High Court in Special Criminal Application No.8391 of 2022 and secured a protection order.

Immediately after the complainant was served with the protection order, he filed an FIR alleging offences under Sections 494 (bigamy), 294(b) (obscene acts), 506(2) (criminal intimidation), and 114 (abettor present) of the Indian Penal Code. Earlier, co-accused relatives had their proceedings quashed in Special Criminal Application No.9505 of 2022. The High Court found that there was no proof of a valid marriage between the complainant and Leelaben, and since the couple was now living happily with children, the continuation of the case would be an exercise in futility. The application was allowed, and the FIR was quashed.

Case Details:
Case No.: R/CRIMINAL MISC.APPLICATION NO. 9166 of 2024
Neutral Citation: 2026:GUJHC:65283
Case Title: Kajabhai Danabhai Patel Versus State Of Gujarat & Anr.
Appearances:
For the Petitioner(s): Mr Narendra L Jain
For the Respondent(s): Mr Bhargav Pandya, APP

Source: 2026 CaseBase(GUJ) 29052