Raniben Najabhai Chauhan & 7 vs State Of Gujarat & on 22 December, 2017

R/CR.MA/25092/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 25092 of 2017

RANIBEN NAJABHAI CHAUHAN 7….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR K S CHANDRANI, ADVOCATE for the Applicant(s) No. 1-8
MS MOXA THAKKAR, APP for the RESPONDENT(s) No. 1
MR NILAY A.THAKER, ADVOCATE for the RESPONDENT(s) No. 2

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 22/12/2017

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.Nilay Thaker, the learned advocate
appears 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
proceedings of the Criminal Case No.6057 of 2017 pending
before the learned 14th Additional Senior Civil Judge and
Additional Chief Judicial Magistrate, Rajkot, arising from the
First Information Report being CR I-No.21 of 2017 registered

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R/CR.MA/25092/2017 ORDER

with the Mahila Police Station, Rajkot, for the offences
punishable under
Sections 498A, 323, 504 read with Section
114 of the Indian Penal Code, on the ground that the parties
have amicably resolved the dispute.

An affidavit dated 8th December 2017 has been filed on
behalf of the respondent no.2 – original complainant, inter alia,
stating as under :

“I, Manjulaben w/o. Hasmukhbhai Chauhan, Female,
Aged : 32 years, Residing at : Jail Mahakali Colony,
J.K.Chowk University Road, Rajkot, do hereby solemnly
affirm and state on oath as under :

1. I state that I am the complainant in FIR registered with
the Mahila Police Station, Rajkot vide C.R. No.I-21 of 2017
for the offences punishable under
Sections 498-A, 323,
504 and 114 of Indian Penal Code (hereinafter referred as
IPC’) against the petitioners and others.

2. I say and submit that the dispute between the parties
is purely private in nature. It is submitted that now, there
is a compromise entered into between the parties on
account of intervention of elderly people of both the
parties. I say and submit that I have no grievance against
the petitioners and others. I have no objection if the FIR
against the petitioners and others is quashed and set
aside.

3. I say and submit that in view of the settlement entered
into between the present petitioners and the present
complainant, no useful purpose would be served by
continuing the prosecution further. I have no objection if
the FIR and Criminal Case No.6057 of 2017 registered in
pursuance to the said FIR against the petitioners is
quashed.

4. I say and submit that settlement/compromise as
aforesaid has been entered into between the parties out
of my free will and without any pressure from any other
and without having been influenced by any one. In view

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R/CR.MA/25092/2017 ORDER

of the above facts and circumstances, I have no objection
if the impugned FIR and Criminal Case No.6057 of 2017 is
quashed.

5. I say and submit that the dispute was on account of
some misunderstanding and the same has been now
resolved. Both the parties have amicably decided to live
separately and peacefully in the future. It is further
submitted that I am doing this affidavit with my own will
and consent and I have no objection if the present FIR is
quashed against the present petitioners.

6. I say and submit that I have stated the above facts are
stated by me out of my free will and without any
pressure from any other and without having been
influenced by any one. In view of the above facts and
circumstances, I have no objection if the present FIR is
quashed against the present petitioners.”

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 to proceed further.

In the result, this application is allowed. The proceedings
of the Criminal Case No.6057 of 2017 pending before the
learned 14th Additional Senior Civil Judge and Additional Chief
Judicial Magistrate, Rajkot, arising from the First Information
Report being CR I-No.21 of 2017 registered with the Mahila
Police Station, Rajkot, are 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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