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Rikin Mahendrakumar Shah & 2 vs State Of Gujarat & on 27 November, 2017

R/CR.MA/25268/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 25268 of 2017

RIKIN MAHENDRAKUMAR SHAH 2….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR GIRISH K PATEL, ADVOCATE for the Applicant(s) No. 1-3
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. Mr.Sanjay L.Patel, 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 applicant seeks to invoke the
inherent powers of this Court, praying for quashing of the
proceedings of the Criminal Case No.43553 of 2017 pending in
the court of the learned 9th Additional Chief Metropolitan
Magistrate, Ahmedabad, arising from the First Information
Report being CR I-No.49 of 2017 registered with the Naranpura

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R/CR.MA/25268/2017 ORDER

Police Station, Ahmedabad city, for the offence punishable
under Sections 498A, 323, 294(B) read with Section 114 of the
Indian Penal Code and under Sections 3 and 7 of the Dowry
Prohibition Act, on the ground that the parties have amicably
resolved the dispute.

An affidavit dated 13th October 2017 has been filed on
behalf of the respondent no.2 – original complainant, inter alia,
stating as under :

“I, Mimikshaben, w/o Rikinbhai Mahendrakumar Shah,
Aged 28 years, Female, Occup. – Doctor, Residing at B-
502, Deve Trantwill, Bhatt-Koteshwar Road, Koteshwar,
Sabarmati, Ahmedabad, Respondent no.2 herein, do
hereby solemnly affirm and state on oath as under :

1. That I had lodged FIR No.CR 1st 49/2017 dt.5.5.2017
registered at Naranpura Police Station, Dist. Ahmedabad
City against the applicants herein for the offence under
section 498-A, 323, 294(B) 114 of IPC and u/s. 3 7 of
Dowry Prohibition Act.

2. That after investigation, Police filed a charge-sheet
before the ld. 9th Addl. Chief Metropolitan Magistrate,
Ahmedabad city on 16.6.2017 and the said case was
registered as Criminal Case No.43553/2017 before the ld.
9th Addl. Chief Metropolitan Magistrate, Ahmedabad city
and the same is pending.

3. That I am filing this affidavit with a view to draw the
attention of this Hon’ble High Court that due to intervene

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R/CR.MA/25268/2017 ORDER

of members of our society, relatives, a compromise had
been taken place between the complainant and
applicants accused and I am living with applicant no.1 as
husband since last one month and there is no disputes
thereafter and we are living peaceful. Therefore, I had
decided to withdraw my aforesaid case and do not want
to proceed further.

4. I say and submit that I hereby give my full consent for
quashing of FIR, being No. CR 1st 49/2017 dt. 5.5.2017
before Naranpura Police Station, Dist. Ahmedabad city
and consequent proceeding, i.e. Criminal Case
No.43553/2017 pending before ld. 9th Addl. Chief
Metropolitan Magistrate, Ahmedabad city on the basis of
compromise.

5. I have filed this affidavit independently and my own
volition and without any pressure or impression of
anybody.

6. I say and submit that I will not make any grievance
before any appellate or revisional authority for the
subject matter.”

Taking into consideration the fact that the parties have
amicably resolved the dispute, no useful purpose would now
be served to permit the Criminal Case No.43553/2017 pending
in the court of the learned 9th Additional Chief Metropolitan
Magistrate, Ahmedabad city, arising from the First Information
Report being CR I-No.49 of 2017 registered with the Naranpura
Police Station, Ahmedabad city, to proceed further.

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R/CR.MA/25268/2017 ORDER

In the result, this application is allowed. The further
proceedings of the Criminal Case No.43553/2017 pending in
the court of the learned 9th Additional Chief Metropolitan
Magistrate, Ahmedabad city, arising from the First Information
Report being CR I-No.49 of 2017 registered with the Naranpura
Police Station, Ahmedabad city, are hereby ordered to be
quashed.

Rule made absolute. Direct service is permitted.

(J.B.PARDIWALA, J.)
MOIN

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