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Anitaben vs State Of Gujarat & on 24 January, 2018

R/CR.MA/10627/2016 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 10627 of 2016

ANITABEN W/O VIKESHBHAI SHAH 2….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1-3
MR DM DEVNANI, APP for the RESPONDENT(s) No. 1
MR NIGAM R SHUKLA, ADVOCATE for the Respondent(s) No. 2

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 24/01/2018

ORAL 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. Mr.Nigam R.Shukla, the
learned counsel waives service of notice of rule for and on
behalf of the respondent no.2 – original first informant.

By this application under Section 482 of the Code of
Criminal Procedure, 1973, the applicants – original accused
persons seek to invoke the inherent powers of this Court,
praying for quashing of the First Information Report being II-CR
No.52 of 2016 registered with the Mahila Police Station, District
Rajkot, for the offences punishable under Sections 498A, 323,

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R/CR.MA/10627/2016 ORDER

504 read with Section 114 of the Indian Penal Code and under
Sections 3 and 5 of the Dowry Prohibition Act.

The applicant no.1 is the mother-in-law, the applicant
no.2 is the father-in-law and the applicant no.3 is the brother-
in-law of the respondent no.2 – original first informant.

The respondent no.2 got married with one Jaideepbhai
Vikeshbhai Shah on 8th February 2015. This is one of those
modern marriages fixed on facebook, therefore, bound to fail.
According to the first informant, she came in contact with the
original accused no.1 on facebook and thereafter, they started
meeting with each other. They got married and within two
months thereafter problems cropped up in their marital life.
The husband is not before this Court. However, the father-in-
law, mother-in-law and brother-in-law have also been
arraigned as the accused. The allegations in the FIR are, by
and large, against the husband.

Mr.Shukla, the learned counsel appearing for the first
informant very fairly submitted that the applicants may not be
concerned with the dispute between the husband and wife. In
such circumstances, he very fairly submitted that the FIR may
be quashed so far as the applicants are concerned.

Having heard the learned counsel appearing for the
parties and having considered the materials on record, I am of
the view that the FIR deserves to be quashed so far as the
father-in-law, mother-in-law and brother-in-law are concerned.

In the result, this application succeeds and is hereby
allowed. The First Information Report being II-CR No.52 of

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R/CR.MA/10627/2016 ORDER

2016 registered with the Mahila Police Station, District Rajkot,
is hereby quashed so far as the applicants are concerned. The
investigation shall proceed further in accordance with law so
far as the original accused no.1, namely Jaideepbhai, i.e. the
husband is concerned.

I should make a note of one fact that the parties did try
to settle the matter, however, the settlement could not be
arrived at.

I am still of the view that the parties should explore the
possibility of settlement and put an end to the marriage with
consent. Both the sides are young. Once the marriage is
dissolved, they can think about their future avenues in life.

Rule made absolute. Direct service is permitted.

(J.B.PARDIWALA, J.)
MOIN

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