R/SCR.A/10517/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 10517 of 2018
ALBAN EDWIN DSOUZA
Versus
STATE OF GUJARAT
Appearance:
HARSHESH R KAKKAD(7813) for the PETITIONER(s) No. 1
MR RC KAKKAD(389) for the PETITIONER(s) No. 1,2,3
for the RESPONDENT(s) No. 2
MR. MANAN MEHTA, APP (2) for the RESPONDENT(s) No. 1
CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 04/12/2018
ORAL ORDER
1. According to the petitioners, this Court in
Criminal Misc. Application No. 1742 of 2015 on
24.11.2015 has quashed the First Information
Report being IC.R. No. 94 of 2014 registered
with Bopal Police Station, Ahmedabad (Rural) for
the offences punishable under Sections 323, 376,
377, 498A, 506 r/w. Section 114 of the Indian
Penal Code and Sections 3 and 7 of the Dowry
Prohibition Act.
2. Learned advocate Mr. Kakkad appearing for the
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R/SCR.A/10517/2018 ORDER
petitioners submits that the notice came to be
issued by this Court on 02.02.2015 and the
respondent no.2 initiated the proceedings under
the provisions of Protection of Women from
Domestic Violence Act, 2005 by way of Criminal
Misc. Application No. 227 of 2014 with the Court
of learned 7th Additional Civil Judge and Judicial
Magistrate First Class, Mirzapur, Ahmedabad, on
13.02.2015. He has urged that identical
allegations were incorporated in the F.I.R. which
was quashed earlier by this Court. In this fresh
proceeding initiated, the petitioners are served
with the summons recently in the month of
September, 2018.
3. Issue Notice to the respondents as well as
notice for exploring the possibility of
compromise, returnable on 20th December, 2018.
Learned Additional Public Prosecutor waives
service of notice on behalf of the respondent
no.1 – State. Over and above regular mode of
service, additional service through speed post at
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R/SCR.A/10517/2018 ORDER
the cost of the petitioners is permitted.
4. The petitioners may request for adjournment
before the Court concerned, if such an
application is moved, the Court concerned shall
consider it.
5. Learned advocate Mr. Kakkad on a query raised
by this Hon’ble Court states that, husband is
residing at U.K. He has ensured to make a genuine
effort to settle the dispute, if respondent no.2
is inclined to do so.
(MS SONIA GOKANI, J)
pradhyuman
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