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Jignasaben Shaileshbhai Rana vs Kaminiben Jagdishbhai Rana & on 9 January, 2018

R/CR.MA/19511/2014 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 19511 of 2014

JIGNASABEN SHAILESHBHAI RANA….Applicant(s)
Versus
KAMINIBEN JAGDISHBHAI RANA 1….Respondent(s)

Appearance:
MR RJ GOSWAMI, ADVOCATE for the Applicant(s) No. 1
MR HB CHAMPAVAT, ADVOCATE for the Respondent(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 2

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 09/01/2018

ORAL ORDER

1. Rule. Learned advocate Mr.H.B. Champavat and Mr. L.B.
Dabhi, learned APP waive service of Rule for respondent Nos.1
and 2 respectively.

2. With the consent of learned advocate Mr.R.J. Goswami for
the applicant and learned advocate Mr. H.B. Champavat for
respondent No.1 first informant, present application is taken
up for final disposal today.

3. By way of the present application under Section 482 of
the Code of Criminal Procedure, 1973 (for short, the Code), the
applicants pray for quashing and setting aside the F.I.R. being
C.R.No.I-4 of 2010 registered with Mahila police station, Valsad
for the offence punishable under Sections 498A read with 114

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R/CR.MA/19511/2014 ORDER

of the Indian Penal Code and Section 3 and 7 of Dowry
Prohibition Act.

4. Learned advocate Mr.R.J. Goswami for the applicant has
taken this Court through the factual matrix arising out of the
present application.

5. At the outset, it is submitted that the parties have
amicably resolved the issue as the dispute is with respect to
matrimonial dispute. In support of such submission made at
bar by the learned advocates appearing for the respective
parties, learned advocate for the respondent no.1 has placed
on record affidavit filed by the respondent no.1 – original
complainant, which is ordered to be taken on record.

6. Since now, the dispute with reference to the impugned F.I.R. is settled
and resolved by and between parties which is confirmed by the first informant
through her learned advocate Mr.H.B. Champavat, the trial would be futile and
any further continuation of proceedings would amount to abuse of process of
law. Therefore, the impugned F.I.R. is required to be quashed and set aside.

7. Resultantly, this application is allowed. Impugned F.I.R.
being C.R.No.I-4 of 2010 registered with Mahila police station,
Valsad against the present applicant is hereby quashed and
set aside qua the present applicant only. Rule is made absolute
to the aforesaid extent. Direct service is permitted.

(S.H.VORA, J.)
Tausif

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