R/CR.MA/16912/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 16912 of 2015
ANSHUMAN KHAITAN @ ANSHUMAN GANGESHBHAI KHAITAN
4….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR. BHADRISH S RAJU, ADVOCATE WITH MR KURAN H VAKIL,
ADVOCATE for the Applicant(s) No. 1 – 5
MR ASHISH M DAGLI, 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 : 14/11/2017
ORAL ORDER
1 Rule returnable forthwith. Mr. Devnani, the learned Additional
Public Prosecutor waives service of notice of rule for and on behalf of the
respondent No.1 State of Gujarat. Mr. Dagli, the learned advocate has
entered appearance on behalf of the respondent No.2 original first
informant and waives service of notice of rule.
2 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
First Information Report being II – C.R. No.110 of 2014 registered with
the Mahila Police Station, Rajkot for the offence punishable under
Sections 498A, 323 and 506(2) read with 114 of the Indian Penal Code
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R/CR.MA/16912/2015 ORDER
and Sections 3 and 4 of the Dowry Prohibition Act.
3 It appears from the materials on record that the applicant No.1
came in contact with the respondent No.2 through a matrimonial
website called “www.secondshadi.com”. After some time, they got
married. The marriage was solemnized on 21st January 2012. Soon
thereafter, matrimonial problems cropped up between the applicant
No.1 and the respondent No.2. In the F.I.R., the allegations have been
levelled of harassment and cruelty at the end of the applicants.
4 On 14th September 2015, the following order was passed:
“1. Let rule be issued to the respondents returnable after Diwali Vacation.
Ms. Punani, the learned APP, waives service of notice of rule for and on
behalf of the respondent No.1. The respondent No.2 be served directly
through the Investigating Officer of the concerned Police Station.
2. Let there be an adinterim relief in terms of paragraph No. 15(c).”
5 Thereafter, on 2nd November 2017, the following order was
passed:
“As a last chance, post this matter on 14th November 2017 on top of the
Board. It is informed by the learned counsel appearing for the respondent
No.2 that the matter is likely to be settled. If the matter is settled, then the
respondent No.2 shall personally remain present before this Court on the
returnable date i.e. 14th November 2017. If the matter is not settled, the
same will be heard on merits. ”
6 Taking into consideration the fact that the case is one of
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irretrievable breakdown of marriage and there were no chances of any
reconciliation, this Court suggested to both the sides that the matter
should be put to an end amicably. The respondent No.2 – wife
responded positively to the suggestion of this Court and has ultimately
been able to arrive at an amicable settlement with the applicants. I am
informed by the learned counsel appearing for the respective parties and
the respondent No.2, who is graciously enough to remain present before
this Court today, that the applicant No.1 and the respondent No.2 have
filed a joint petition under Section 13B(1) of the Hindu Marriage Act for
dissolution of marriage by mutual consent. A copy of the petition filed by
the parties in the Court of the Principal Judge (South – East), Family
Courts, Saket Court Complex, New Delhi is placed on record for my
perusal. The respondent No.2 is personally remained present before this
Court. I inquired with her whether she was agreeable to put an end to
this litigation. The respondent No.2 states that she has decided to part
ways with her husband and she would be seeking a decree for
dissolution of marriage with mutual consent. She does not want to
proceed further against the applicants so far as the criminal prosecution
is concerned. As Both the sides have decided to part ways, they can now
decide their future course of life.
7 In the result, this application is allowed. The First Information Report
being II – C.R. No.110 of 2014 registered with the Mahila Police Station, Rajkot
is hereby quashed. Consequently, all further proceedings pursuant thereto stand
terminated. Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.)
chandresh
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