R/CR.MA/4066/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 4066 of 2017
SHRIMALI KALPESHBHAI BHIKHABHAI 1….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR JM BAROT, ADVOCATE for the Applicant(s) No. 1 – 2
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 22/12/2017
ORAL ORDER
1 The respondent No.2, although served with the notice of rule
issued by this Court, yet has chosen not to remain present before this
Court either in person or through an advocate and oppose this
application.
2 By this application 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 First
Information Report being IC.R. No.44 of 2015 registered with the
Mahesana ‘A’ Division Police Station, Mehsana for the offence punishable
under Section 498A and 323 read with 114 of the Indian Penal Code and
Sections 3 and 5 of the Dowry Prohibition Act.
3 On 15th December 2017, the following order was passed:
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R/CR.MA/4066/2017 ORDER
“Mr. Barot, the learned counsel appearing for the applicants submitted
that the matter has been amicably settled. The marriage has been
dissolved. The settlement deed, reduced into writing, duly signed by the
parties, is on record. Probably, such is the reason why the respondent No.2
has thought fit not to appear before this Court either in person or through
an advocate and oppose this application. However, it would be better if the
Investigating Officer records the statement of the respondent No.2 and find
out whether she would like to pursue further with the prosecution or not.
The Investigating Officer shall record the statement of the respondent No.2
and inquire with her whether she would like to continue with the first
information report lodged against the husband and the motherinlaw. Let
such statement be recorded and produced before this Court by next date of
hearing.
Post the matter on 22nd December, 2017 on top of the board.
A copy of this order be provided to Ms. Thakkar, the learned APP, for its
onward communication.”
4 Pursuant to the order passed by this Court referred to above, the
Investigating Officer recorded the statement of the respondent No.2. The
statement is placed on record for my perusal by the learned A.P.P.
appearing for the State. The bare perusal of the statement of
Bhumikaben dated 21st December 2017 would indicate that she does not
want to proceed further with the F.I.R. She has confirmed about the
settlement arrived at with the applicants. The statement is ordered to be
kept on record with this case.
5 In the result, this application is allowed. The First Information Report
IC.R. No.44 of 2015 registered with the Mahesana ‘A’ Division Police
Station, Mehsana is quashed. Rule is made absolute. Direct service is
permitted.
(J.B.PARDIWALA, J.)
chandresh
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