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Altafbhai Ikbalbhai Ghanchi vs State Of Gujarat on 19 September, 2019

R/CR.MA/6286/2019 ORDER




MALAV M MULANI(8844) for the Applicant(s) No. 1,2
MR PRANAV TRIVEDI, APP (2) for the Respondent(s) No. 1
UNSERVED WANT OF TIM(31) for the Respondent(s) No. 2


Date : 19/09/2019


1. Vide order dated 02.04.2019, this Court has passed
following order :-

“1. Let NOTICE be issued to the respondents, returnable
on APRIL 30, 2019. The formal service of notice is waived
by the learned APP for and on behalf of the respondent

2. This is a petition seeking quashment of the FIR lodged
before the Radhanpur Police Station, District Patan being
IC. R.No.28 of 2019 dated 13.03.2019 for the offences
punishable under Sections 498(A) and Section114 of the Indian
Penal Code.

3. According to learned advocate, Mr.Manav Mulani, the
parties have settled their dispute and they have chosen
to separate. The complainant and petitioner No.2 are
present before this Court.

4. According to the complainant, it has been decided that
the spouses would be separated. They would be
permanent severing their ties. Brother of the
complainant is present before this Court and he confirms
this aspect.

5. As paternity of daughter was the issue between the
parties, it is given to understand that the father
petitioner No.1 no longer dispute that. However, there is
no possibility of reunion and hence, the petitioner No.1

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R/CR.MA/6286/2019 ORDER

and the complainant would separate.

6. Let all those documents be made the part of record.
Considering the fact that the petitioner No.1 is serving
the armed force, till this process is completed there shall
be no coercive action against both the petitioners.

7. Learned advocate, Mr.Dhruvin Bhuktani is permitted to
file his appearance for and on behalf of the original

8. Learned Additional Public Prosecutor to call for the
papers of investigation.”

2. Learned advocate for the applicant has produced copy of
separation deed, which is ordered to be taken on record.

3. Rule. Learned A.P.P. Mr.Trivedi and learned advocate
Mr.Bhuptani waive service of Rule for respondent Nos.1 and 2
respectively. Learned APP objects quashment of present
proceedings on the premise of settlement.

4. With the consent of learned advocate for the applicant
and learned advocate for respondents, present application is
taken up for final disposal today.

5. 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-28 of 2019 registered with Randhanpur Police
Station, Patan for the offence punishable under Sections 498A
and Section114 of IPC.

6. Learned advocate for the applicants has taken this Court
through the factual matrix arising out of the present

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R/CR.MA/6286/2019 ORDER

7. At the outset, it is submitted that the parties have
amicably resolved the dispute. In support of such submission
made at bar by the learned advocates appearing for the
respective parties, they have placed on record affidavit of
settlement of dispute duly signed by the respondent No.2 –

8. 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 original complainant through his learned
advocate, 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.

9. Resultantly, this application is allowed. Impugned F.I.R.
being C.R.No.I-28 of 2019 registered with Randhanpur Police
Station, Patan and all other consequential proceedings arising
out of said FIR are hereby quashed and set aside qua the
applicants only. Rule is made absolute to the aforesaid extent.
Direct service is permitted.


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