R/CR.MA/18094/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 18094 of 2016
MUKESH CHIMANLAL PATEL….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
ALPESH P MACWAN, ADVOCATE for the Applicant(s) No. 1
MR YATIN SONI, ADVOCATE for the Applicant(s) No. 1
MR DHARMESH DEVNANI, APP for the Respondent(s) No. 1
MR JAY R SHAH, ADVOCATE for the Respondent No.2
RULE SERVED BY DS for the Respondent(s) No. 2
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 30/11/2017
ORAL ORDER
1 By this application under Section 482 of the Code of Criminal
Procedure, 1973, the applicant – accused No.4 seeks to invoke the
inherent powers of this Court, praying for quashing of the First
Information Report being C.R. No.I83 of 2016 registered before the
Naroda Police Station, Ahmedabad city for the offence punishable under
Sections 498A, 323 and 294(B) read with 114 of the Indian Penal Code
and Sections 3 and 7 of the Dowry Prohibition Act.
2 Mr. Jay R. Shah, the learned counsel has appeared on behalf of
the respondent No.2 – original first informant. The respondent No.2 –
Ms. Pinal Hashmukhbhai Patel is present in the Court today. It is
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submitted by the respondent No.2 that she has settled the matter with
all the accused persons named in the F.I.R. She submitted that although
this application is filed only by the original accused No.4, yet she has no
objection if the F.I.R. for the other accused persons be also quashed.
3 It is true that the matter has been settled in toto. There is no any
difficulty in quashing the entire F.I.R. However, Mr. Soni, the learned
counsel appearing for the applicant pointed out that the other three
accused are in the U.S., and it would take some more time to file
another application for the other three accused. It shall be open for the
other three accused also to file a formal application for quashing of the
F.I.R. The respondent No.2 has filed an affidavit inter alia stating as
under:
“I, Pinal, daughter of Hashmukbhai K. Patel and wife of Parth Arvindbhai
Patel, aged about 24 years, Hindu, female residing at Para Vistar2,
village Kotha, Ta. Kalol, Dist. Gandhinagar, the Respondent no.2 (original
complainant) herein do hereby file this affidavit on oath and on solemn
affirmation as under:
1 I state that I am daughter of Hashmukbhai K. Patel and wife of
Parth Arvindbhai Patel. My marriage was solemnized as per the Hindu
rites and rituals on 16.08.2014 with Parth Arvindbhai Patel.
2 I state that I have filed F.I.R. vide I.C.R. Nol83 of 2016 at Naroda
Police Station, Ahmedabad city on 27.06.2016 against four accused
persons u/s. 498(A), 323, 294(B) and 114 of IPC and u/s. 3 and 7 of
Dowry Prohibition Act. List of accused persons as shown in the FIR is
stated below:
Accused in I.C.R. Name Relationship
No.83/2016
1 Parth Arvindbhai Patel Husband
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2 Pushpaben A. Patel Motherinlaw
3 Arvindbhai Gokaldas Patel Fatherinlaw
4 Mukeshbhai C. Patel Uncle in law (Mamaji)
3 It is submitted that now we the above mention litigants have
amicably resolved the dispute between us out of the court and therefore I
submit that I don’t want to continue with the F.I.R. filed by me vide I.C.R.
No.83 of 2016 at Naroda Police Station, Ahmedabad city on 27.06.2016
against above mentioned four accused persons.
4 I state that, I am aware, that only accused No.4 of the above
mentioned FIR has filed the present petition for quashing an FIR against
him. It is submitted that since I have settled the matter with all the
accused of the above mentioned FIR, I don’t have any objection if this
Hon’ble Court quashes the FIR filed by me against all the above mentioned
accused persons.
5 I state that I and my husband Parth Arvindbhai Patel have decided
to file petition u/s. 13(B) of the Hindu Marriage Act for divorce by mutla
consent in Family Court at Ahmedabad immediately on the following
terms and conditions:
A. The husband (accused no.1) shall pay Rs.9.00 lakh to the
Respondent no.2 – wife (original complainant) herein towards permanent
alimony/maintenance as a full and final settlement amount. Out of the
said amount of Rs.9.00 lakh, my husband has already paid Rs.1,30,000/
in cash to me. It is agreed between the parties that out of the left out
amount of Rs.7.70 lakh, husband shall pay Rs.3,70,000 to Respondent
No.2 – wife in the court once the above mentioned FIR against all the
accused persons is quashed and petition u/s 13(b) is filed in the court.
Thereafter the husband shall deposit an amount of Rs.4,00,000/ i.e.
balance consideration amount in the family court and Respondent No.2 –
wife is entitled to withdraw the same from the family court, Ahmedabad
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only after passing of decree of divorce and declaration by wife that she has
accepted the decree of divorce.
6 In view of the above terms and conditions, I hereby give my consent
that I have no objections if this Hon’ble High Court quashed the said F.I.R.
filed by me against all accused persons and I hereby not press all
allegations made by me against all accused persons.
7 It is submitted that this affidavit is filed by me in proper state of
mind and without any inducement or threat.”
4 The affidavit is ordered to be taken on record.
5 In view of the above, this application is allowed. The First
Information Report being C.R. No.I83 of 2016 registered before the
Naroda Police Station, Ahmedabad city is hereby quashed so far as all
the accused are concerned. Rule is made absolute. Direct service is
permitted.
6 The Registry is directed to accept the Vakalatnama of Mr. Jay R.
Shah, who has entered appearance on behalf of the respondent No.2.
(J.B.PARDIWALA, J.)
chandresh
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