R/CR.MA/25390/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 25390 of 2017
KAPILBHAI ARUNBHAI RAVAL 3….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR JR DAVE, ADVOCATE for the Applicant(s) No. 1-4
MR.VISHAL J DAVE, ADVOCATE for the Applicant(s) No. 1-4
MS MOXA THAKKAR, APP for the RESPONDENT(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 27/11/2017
ORAL ORDER
RULE returnable forthwith. The learned APP waives
service of notice of rule for and on behalf of the respondent
no.1 – State of Gujarat. Ms.Meena Vyas, the learned advocate
has entered appearance and waives service of notice of rule
for and on behalf of the respondent no.2 – original complainant.
By this application under Section 482 of the Code of
Criminal Procedure, 1973, the applicants seek to invoke the
inherent powers of this Court, praying for quashing of the First
Information Report being CR I-No.120 of 2016 registered with
the Vatva Police Station, Ahmedabad, for the offence
punishable under Sections 498A, 323, 294B, 506, 506(2) read
with Section 114 of the Indian Penal Code and under Sections 3
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R/CR.MA/25390/2017 ORDER
and 7 of the Dowry Prohibition Act, on the ground that the
parties have amicably resolved the dispute.
An affidavit dated 9th November 2017 has been filed on
behalf of the respondent no.2 – original complainant, inter alia,
stating as under :
“I, Rukmaniben, w/o Kapilbhai Rawal, Age : 32 years,
Female, Having address at : H-504, Pushp Residency, S.P.
Ring Road, Vastral, Ahmedabad, the respondent no.2
herein, do hereby solemnly affirm and state on oath as
under :
1. I, the undersigned, Rukmaniben, w/o Kapilbhai Rawal,
Aged : 32 years, Female, Having address at : H-504,
Pushp Residency, S.P. Ring Road, Vastral, Ahmedabad,
the respondent no.2 in the petition filed by the
petitioners who have filed this petition for the purpose of
quashing vide Criminal Misc. Application No. of 2017
for quashing of F.I.R. filed by me in the said petition vide
I-CR No.120/2016 registered with Vatva Police Station,
Ahmedabad.
2. I say and submit that, due to the intervention of the
respected members of the society mutual understanding
is arrived between me and my husband and in-laws in
the above said F.I.R. and therefore, now I don’t have any
grievance against them. I further submit that I and my
husband are now mutually will get separated and arrived
at settlement as per the settlement agreement dated
_ executed by us duly notarized on the terms and
conditions mentioned therein.
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R/CR.MA/25390/2017 ORDER
3. I further state that me i.e. Respondent no.2 – original
complainant in the said petition have lodge the F.I.R. due
to some misunderstanding on my part and also due to
spur of moment and as such now I intend that I have no
objection if the F.I.R. is quashed filed against all the
accused/petitioners.”
Taking into consideration the fact that the parties have
amicably resolved the dispute, no useful purpose would now
be served to permit the investigation to continue further.
In the result, this application is allowed. The First
Information Report being CR I-No.120 of 2016 registered with
the Vatva Police Station, Ahmedabad, is hereby ordered to be
quashed. All consequential proceedings pursuant thereto shall
also stand terminated.
Rule made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.)
MOIN
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