R/CR.MA/31860/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 31860 of 2016
SANJIVKUMAR TRIBHUVANBHAI PADHIYAR 4….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
HL PATEL ADVOCATES, ADVOCATE for the Applicant(s) No. 1-5
MR. DEVNANI, ADDL. PUBLIC PROSECUTOR for the RESPONDENT(s) No.
1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 25/01/2018
ORAL ORDER
1. By this application under section 482 of the Cr.P.C., 1973,
the applicants-original accused persons seek to invoke the
inherent powers of this Court praying for quashing of the first
information report being C.R. No.I-141 of 2016 registered with
the Vastrapur Police Station for the offence punishable under
sections 498A, 406, 420, 384, 499, 500, 294B, 503, 120B read
with 114 of the Indian Penal Code.
2. I am happy to note that there has been an amicable
settlement between the parties. The husband Sanjivkumar
Padhiyar is personally present in the court with his wife
Bhavnaben. The respondent No.2-Bhavnaben makes a
statement that she has buried all the differences and is happily
residing, as on date, with her husband at her matrimonial
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R/CR.MA/31860/2016 ORDER
home. The terms of settlement are also reduced into writing,
duly signed by the parties. They are ordered to be taken on
record and they shall be kept with the record of this case. As
there has been a settlement between the parties, there should
not be any difficulty in quashing the first information report.
3. Both, the husband and wife shall live the rest of their life
with understanding and respect for each other. The husband,
namely, Sanjivkumar Padhiyar has assured that he would
discharge all his marital obligations as a husband, and at the
same time, the respondent No.2-Bhavnaben has also assured
this Court that she would discharge all her marital obligations
as a wife and live a happy and peaceful marital life.
4. In the result, this application succeeds and is hereby
allowed. The first information report being being C.R. No.I-141
of 2016 registered with the Vastrapur Police Station is hereby
quashed. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(J.B.PARDIWALA, J.)
Vahid
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