R/CR.MA/4980/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 4980 of 2017
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ABHISHEK VINODKUMAR VERMA....Applicant(s)
Versus
STATE OF GUJARAT 1....Respondent(s)
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Appearance:
MR M.IQBAL A SHAIKH, ADVOCATE for the Applicant(s) No. 1
MR SHAKEEL A QURESHI, ADVOCATE for the Respondent(s) No. 2
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 10/03/2017
ORAL ORDER
1 Rule returnable forthwith. Ms. Pathak, learned Additional Public
Prosecutor waives service of notice of rule for and on behalf of the respondent
No.1 State of Gujarat. Mr. Qureshi, the learned advocate has entered
appearance on behalf of the respondent No.2 original first informant and
waives service of notice of rule.
2 By this application, the applicant original accused seeks to invoke the
inherent powers of this Court under Section 482 of the Code of Criminal
Procedure, 1973, praying for quashing of the First Information Report bearing
C.R. No.I29 of 2014 registered with the Umra Police Station, District: Surat for
the offence punishable under Sections 498A, 323, 504 read with 114 of the
Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act.
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R/CR.MA/4980/2017 ORDER
3 Today, when the matter is taken up for hearing, it is jointly submitted by
the learned advocates appearing for the respective parties that the dispute has
been amicably resolved between the parties and the respondent No.2 has no
objection if the First Information Report is quashed. The respondent no.2 viz.
Shilpaben is personally present in the Court and she is being identified by her
learned advocate Mr. Qureshi. She has filed an affidavit dated 10th February
2017 inter alia stating as under:
“I, Shilpaben, wife of Abhishek Vinodkumar Verma daughter of Hansraj
Narayan Parvani, residing at 304, Swastik Woods, Vesu, Surat state on
solemn affirmation that I have filed C.R. No.I29 of 2014 dated
05.02.2014, against the petitioners herein, before Umra Police Station,
Surat for the offences under Sections 498A, 323, 504 and 114 of the IPC
read with Sections 3 7 of the Dowry Prohibition Act. Nevertheless the
matter has amicably been settled and agreement of divorce has taken place
between the parties. We having separated by agreement of divorce have no
grudge against each other. I have no objection if the impugned complaint,
charge sheet and criminal case No.24760 of 2014 pending before the
learned Chief Judicial Magistrate, Surat are quashed, without entering
into merits.”
4 Taking into consideration the fact that the dispute between the parties
has been amicably settled, no useful purpose would now be served to continue
with the investigation. The affidavit is ordered to be taken on record.
5 In the result, this application is allowed. The First Information Report
bearing C.R. No.I29 of 2014 registered with the Umra Police Station, District:
Surat is ordered to be quashed. Consequently, all further proceedings pursuant
thereto stand terminated. Rule is made absolute. Direct service is permitted.
6 The Registry shall accept the vakalatnama of Mr. Qureshi, the learned
advocate who has entered appearance on behalf of the respondent no.2.
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