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4 Whether This Case Involves A … vs State Of Gujarat & on 23 January, 2018

R/CR.MA/20995/2015 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 20995 of 2015
With
CRIMINAL MISC.APPLICATION NO. 61 of 2016

FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE J.B.PARDIWALA

1 Whether Reporters of Local Papers may be allowed
to see the judgment ?

2 To be referred to the Reporter or not ?

3 Whether their Lordships wish to see the fair copy of
the judgment ?

4 Whether this case involves a substantial question of
law as to the interpretation of the Constitution of
India or any order made thereunder ?

ASHOKKUMAR FERUMAL DHANWANI 1….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR RR MARSHALL, SR.ADVOCATE with MR SURAJ A SHUKLA,
ADVOCATE for the Applicant(s) No. 1 – 2
MR P P MAJMUDAR, ADVOCATE for the Respondent(s) No. 2
MR DM DEVNANI, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 23/01/2018
COMMON ORAL JUDGMENT

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R/CR.MA/20995/2015 JUDGMENT

As the issues raised in both the captioned applications
are the same and the prayer is also to quash the selfsame FIR,
those were heard analogously and are being disposed of by
this common judgment and order.

RULE returnable forthwith. Mr.D.M.Devnani, the learned
APP waives service of notice of rule for and on behalf of the
respondent no.1 – State of Gujarat in both the applications.
Mr.P.P.Majmudar, the learned counsel waives service of notice
of rule for and on behalf of the respondent no.2 in both the
applications.

By these two applications under Section 482 of the Code
of Criminal Procedure, 1973, the applicants – original accused
seek to invoke the inherent powers of this Court, praying for
quashing of the FIR bearing CR-I No.107 of 2015 registered
before the Gorwa Police Station, Vadodara, for the offences
punishable under Section 498A read with Section 114 of the
Indian Penal Code and Sections 3 7 of the Dowry Prohibition
Act.

It appears from the materials on record that the
respondent no.2 got married with one Ravibhai Ashokkumar
Dhanwani on 25th December 2013. No issues are born in the
wedlock. Soon after the marriage matrimonial disputes
cropped up which, ultimately, led to the filing of the present
FIR against the husband, father-in-law, mother-in-law and the
sister-in-law.

The Criminal Misc. Application No.20995 of 2015 is filed
by the father-in-law and mother-in-law of the respondent no.2,
whereas the connected Criminal Misc. Application No.61 of

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2016 has been filed by the husband and his sister.

On 30th November 2017, the following order was
passed :

“It appears from the materials on record that the
marriage of the respondent no.2 was solemnized with
one Ravibhai Ashokkumar Dhanwani on 25th December
2013. Soon after the marriage, matrimonial disputes
cropped up. The husband left for the United States in
April 2014. On 20th October 2014, he returned to India.
Thereafter, the respondent no.2 also went to the United
States with her husband, but as alleged, she had to come
back to India on account of the harassment at the end of
the husband. It appears to be a case of a dead-marriage.
There appears to be an irretrievable breakdown of the
marriage. More than a prima facie case is made out
against the husband as regards the harassment and
cruelty.

The husband should immediately come down to India and
take steps to dissolve the marriage with the consent of
the respondent no.2 subject to certain terms and
conditions. The husband should not sit fine in the United
States and ruin the life of an innocent young girl.

Mr.Solanki, the learned counsel appearing for the
applicants, shall inform his clients that the court wants
the husband to come down to India and appear before
this Court at the earliest. If the husband honours the
directions of this Court, then it is well and good.

Otherwise, appropriate steps shall be taken in

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accordance with law including issue of a red-corner
notice and steps for deportation.

The applicants herein shall immediately speak to Mr.Ravi
Dhanwani and inform him about this order.

Post both these matters on 20th December 2017. Direct
service is permitted.”

In my order referred to above, I had observed that the
husband should come down to India and take steps to dissolve
the marriage. The husband, even as on date, is in the United
States. In the absence of the husband, the parties have been
able to resolve the dispute and have reached to an amicable
settlement. The settlement between the parties has been
reduced into writing duly signed by the father of the
respondent no.2 as the power of attorney of his daughter. On
behalf of the husband, his father has signed the terms of the
settlement. The terms of the settlement reduced into writing
are ordered to be taken on record and they shall be kept with
the record of this case.

I take notice of the fact that the respondent no.2 has
accepted the decree of divorce passed by the superior court of
Arizona, Maricopa County, USA, dated 19th March 2015. As the
respondent no.2 has accepted the divorce decree passed by a
court in the United States, there is no reason now for the
parties to apply for dissolution of the marriage in India under
the provisions of the Hindu Marriage Act.

The principal understanding is that the husband shall pay

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Rs.15 lac (Rupees Fifteen Lac Only) to the wife towards the full
and final settlement of the entire dispute.

Mr.Marshall, the learned senior counsel appearing for the
applicants, hands over a demand draft of the amount of Rs.15
lac to the parents of the respondent no.2.

The parents of the respondent no.2 are present in the
court. They take possession of the demand draft of the amount
of Rs.15 lac.

The obligation on the part of the respondent no.2 now in
terms of the settlement is to withdraw the proceedings
initiated by her under the Domestic Violence Act. Such
proceedings are pending in the court of the learned JMFC,
Vadodara. The respondent no.2 shall pass an appropriate
purshis in this regard so that an appropriate order can be
passed by the court concerned.

With that, all the consequential proceedings pursuant
thereto shall stand terminated, including if any appeals filed
before the appellate court.

The proceedings under the Domestic Violence Act shall
be withdrawn by the respondent no.2 within a period of four
weeks from today.

In view of the above, both the applications are allowed.
The FIR bearing CR-I No.107 of 2015 registered before the
Gorwa Police Station, Vadodara, is hereby quashed. All
consequential proceedings pursuant thereto shall stand

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terminated. Rule made absolute. Direct service is permitted.

At this stage, a very unusual and a curious request is
made by Mr.Majmudar.

Since an apprehension has been expressed, I must look into it.
The apprehension is that the husband may, in future, initiate some
proceedings against the respondent no.2 before some court in the
United States. I see no good reason for the husband to do so. Once a
settlement is arrived at between the parties and recorded by this
Court, and pursuant to the same final orders are being passed, there
is no reason for either of the parties to once again raise any issues.
Both have decided to part ways and have parted. This should be the
end of everything.

(J.B.PARDIWALA, J.)
MOIN

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