IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 8270 of 2015
ANKITKUMAR NARENDRABHAI MEVADA & 2….Applicant(s)
STATE OF GUJARAT & 1….Respondent(s)
Appearance: MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1 – 3
MR TUSHAR CHAUDHARY, ADVOCATE for the Respondent(s) No. 2
MS NISHA M THAKORE, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 09/12/2016
1. By this writ-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 F.I.R. being C.R. No.I-21 of 2015 registered with the Palanpur City Police Station, District Banaskantha, for the offence punishable under Sections¬498(A), 504, 506(2), 323 r/w.114 of the IPC.
2. It appears from the materials on record that the first informant herein got married on 21/02/2008 with the applicant no.1 herein. In the wedlock, a son was born who has been named as Gisan. As alleged in the FIR, the initial days of marital life were quite happy, but thereafter, the applicant started harassing the first informant. As usual, it is alleged that the father¬in-law; mother¬in¬law used to instigate the husband against the wife. On 25/04/2011, the first informant gave birth to a son and indisputably, thereafter, she left the matrimonial home or rather was driven out of the matrimonial home as alleged on 14/08/2012.
3. For a period of almost three years nothing happened. All of a sudden as alleged on 08//03/2015, the husband and the father¬in¬law came at the parental home of the first informant and picked up a quarrel.
4. Having heard the learned counsel appearing for the parties and having considered the materials on record, I am of the view that even if the entire case of the first informant is accepted as true, none of the ingredients to constitute the offence as alleged are spelt out. It appears that the parties did try to settle the matter, but the demand of the wife is quite exhorbitant. According to the learned counsel appearing for the applicants the wife demanded an amount of Rs.20 lakh to dissolve the marriage with consent, to which, the applicant did not agree.
5. In my view, the case is one of an irretrievable break down of marriage. The husband and the wife both are wasting their life. They both should see to it that the marriage is dissolved with consent so that each can live their own life peacefully. There only concern now at this point of time should be the welfare and interest of their minor son Gisan.
6. In view of the above, this application succeeds and is hereby allowed. The F.I.R. being C.R. No.I¬21 of 2015 registered with the Palanpur City Police Station, District Banaskantha, is hereby ordered to be quashed qua the present applicants herein. All consequential proceedings pursuant thereto shall stand terminated. Rule is made absolute. Direct service is permitted