R/CR.MA/1183/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 1183 of 2015
With
CRIMINAL MISC.APPLICATION NO. 8459 of 2015
In
CRIMINAL MISC.APPLICATION NO. 1183 of 2015
ANOPSINH BAHADURSINH ZALA 2….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR. KALRAV R PATEL, ADVOCATE for the Applicant(s) No. 1 – 3
MS. NILI S SHAH, ADVOCATE for the Applicant(s) No. 1 – 3
MS.DILBUR CONTRACTOR, ADVOCATE for the Respondent(s) No. 2
MR DHARMESH DEVNANI, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 10/11/2017
ORAL ORDER
1 By this application under section 482 of the Code of Criminal
Procedure, 1973, the applicants – original accused persons seek to
invoke the inherent powers of this Court, praying for quashing of the
proceedings of the Criminal Case No.227 of 2013 pending before the
Metropolitan Magistrate, Court No.11, Ahmedabad arising from the First
Information Report bearing IC.R. No.24 of 2013 registered with the
Mahila Police Station, Ahmedabad for the offence punishable under
Sections 406, 420, 498A, 323 and 506(2) read with 114 of the Indian
Penal Code and Sections 3 and 7 of the Dowry Prohibition Act.
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R/CR.MA/1183/2015 ORDER
2 I take notice of the fact that the respondent No.2 – original first
informant got married to the applicant No.1 herein on 11th May 2011.
After marriage, the first informant started residing along with her
husband and her inlaws i.e. the applicants Nos.2 and 3. It is alleged that
soon after marriage, the applicants started harassing the first informant
on trivial matters. It is further alleged that upon instigation by the
parents, the husband used to beat the first informant. It also appears
that about two and half months before the date of registration of the
F.I.R., the husband visited the parental home of his wife and persuaded
her to join him and go back to the matrimonial home. The wife, relying
upon the assurance given by the husband, returned to her matrimonial
home, but unfortunately for her, things did not improve. It appears that
no issues are born in the wedlock.
3 On 25th March 2015, the following order was passed:
“Rule returnable on 12th June 2015. Ms. Chandarana, the learned APP
waives service of notice of Rule for and on behalf of the respondent No.1
State of Gujarat.
It appears that the respondent No.2, although served with the notice
issued by this Court, let not chosen to remain present either in person or
through the advocate.
Let there be an interim order in terms of Para 11(B).
Direct service is permitted.”
4 Thereafter, on 1st November 2017, the following order was
passed:
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R/CR.MA/1183/2015 ORDER
“The petitioner no.1 is directed to personally remain present before this
Court on 8th November 2017. The respondent no.2 shall also remain
present before this Court.
Notify the matter on top of the board on 8th November 2017.”
5 Taking into consideration the nature of the dispute, which is
essentially a matrimonial, I persuaded the parties to amicably settle the
matter and reconcile happily. In such circumstances, the husband was
directed to personally remain present before this Court and the
respondent No.2 was also asked to personally remain present before this
Court. The respondent No.2 – wife is present today in the Court along
with her mother. The husband is not present.
6 Mr. Kalrav Patel, the learned counsel appearing for the applicants
submitted that he has been informed by the applicants Nos.2 and 3 i.e.
the parents of the husband that the applicant No.1 has left the house
past almost six months and his whereabouts are not known.
7 Having heard the learned counsel appearing for the parties and
having considered the materials on record, I am not inclined to entertain
this application for quashing of the criminal proceedings so far as the
husband is concerned. It seems that the husband has deliberately left his
house, not only he has estranged his lawfully wedded wife, but it
appears that he has also abandoned his parents. I am inclined to quash
the proceedings so far as the parents are concerned, more particularly,
having regard to the nature of the allegations. I still believe that the
applicant No.1 should appear before the Court concerned and put an
end to the marriage itself. This is a case of irretrievable breakdown of
marriage. There is no point in continuing with the marriage.
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R/CR.MA/1183/2015 ORDER
8 Well, the law will take its own course in this regard. The
Investigating Officer shall take all possible steps to secure the presence
of the applicant – husband at any cost. If necessary, the Investigating
Officer shall obtain nonbailable warrant of arrest against the husband.
9 With the above, this application is partly allowed. The proceedings
of the Criminal Case No.227 of 2013 pending before the Metropolitan
Magistrate, Court No.11, Ahmedabad arising from the First Information
Report bearing IC.R. No.24 of 2013 registered with the Mahila Police
Station, Ahmedabad are hereby quashed so far as the applicants Nos.2
and 3 herein are concerned. The same shall continue against the
applicant No.1 – husband. The Court concerned shall take all the legal
steps to secure the presence of the applicant No.1 – husband for the
purpose of trial. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
10 In view of the order passed in the main matter, the connected Criminal
Miscellaneous Application No.8459 of 2015 seeking vacation of interim relief
would not survive and the same is disposed of.
(J.B.PARDIWALA, J.)
chandresh
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