IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 12359 of 2015
NARESHBHAI BALWANTBHAI RATHOD 2….Applicant(s)
STATE OF GUJARAT 1….Respondent(s)
MR JAPAN V DAVE, ADVOCATE for the Applicant(s) No. 1 – 3
MR DV KANSARA, ADVOCATE ON BEHALF OF MR PM DAVE, ADVOCATE
for the Respondent(s) No. 2
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 14/11/2017
1 Rule returnable forthwith. Ms. Moxa Thakkar, the learned
Additional Public Prosecutor waives service of notice of rule for and on
behalf of the respondent No.1 State of Gujarat. On behalf of Mr. P.M.
Dave, the learned counsel, Mr. Kansara waives service of notice of rule
for the respondent No.2.
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 C.R. No.II – 48 of 2015 registered at the
Mahila Police Station, District: Dahod for the offence punishable under
Sections 498A and 504 read with 114 of the Indian Penal Code.
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3 It appears from the materials on record that the respondent No.2 –
original first informant got married in the year 2014 with the applicant
No.1 herein. Soon thereafter, matrimonial problems cropped up and the
respondent No.2 left the matrimonial home. The allegations of
harassment are in general.
4 On 8th July 2015, the following order was passed:
“Heard Mr.Japan V. Dave, learned advocate for the applicants.
It is submitted that a Customary Divorce Deed by mutual consent was
drawn up between applicant No.1 and respondent No.2Complainant on
10.06.2015, which was acted upon by the parties. The complainant
started residing separately from the applicants pursuant thereto. However,
three days after the said Deed of Customary Divorce, the FIR in question
has been lodged by respondent No.2, in spite of the fact that in the Deed of
Customary Divorce, it had been agreed upon by the parties not to initiate
any proceedings against the other in view of the amicable resolution of the
dispute between them.
Issue Notice returnable on 05.08.2015.
Ms.Chetna M. Shah, learned Additional Public Prosecutor waives service of
notice for respondent No.1.
No coercive action be taken against the applicants, till then.
In addition to the normal mode of service, Direct Service for respondent
No.2 through concerned Police Station, is also permitted.”
5 Thereafter, on 2nd November, 2017, the following order was
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“The respondent no.2 original first informant is directed to personally
remain present before this Court on 10th November 2017.
Ms.Thakkar, the learned APP appearing for the State, shall take
instructions from the Investigating Officer concerned, whether the
respondent no.2 has got married again and her status as on date.
Notify the matter on the returnable date on top of the board.
Interim relief to continue.”
6 Ms. Moxa Thakkar, the learned A.P.P., after taking instructions
from the Investigating Officer, makes a statement that the respondent
No.2 has got married for the second time with one Shri Mitulbhai
Chauhan. The police officer further informed that in the second wedlock
of the respondent No.2, a child is born just about fifteen days back.
7 On behalf of Mr. P.M. Dave, the learned counsel, Mr. D.V. Kansara
has appeared for the respondent No.2. Mr. Kansara, the learned counsel
submits that since long time, they are not in touch with the respondent
No.2. After customary divorce, it appears that the respondent No.2 has
got married and is now happily residing at her new matrimonial home. A
child has also been born, as stated above.
8 In such circumstances, I am of the view that permitting the police
to investigate into the alleged offence will be nothing, but an empty
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9 In the result, this application is allowed. The First Information Report
being C.R. No.II – 48 of 2015 registered at the Mahila Police Station, District:
Dahod is hereby quashed. Consequently, all further proceedings pursuant
thereto stand terminated. Rule is made absolute. Direct service is permitted.
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