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Ateeq Naeem Khan vs State Of Gujarat on 3 December, 2018

R/CR.MA/14206/2016 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 14206 of 2016

ATEEQ NAEEM KHAN
Versus
STATE OF GUJARAT

Appearance:
MR NASIR SAIYED(6145) for the PETITIONER(s) No. 1,2
HCLS COMMITTEE(4998) for the RESPONDENT(s) No. 2
MR NILESH I JANI(3558) for the RESPONDENT(s) No. 2
MR.H.K.PATEL, APP (2) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.S. SUPEHIA

Date : 03/12/2018

ORAL ORDER

1.0 The applicants by way of this application under
Section 482 of the Code of Criminal Procedure, 1973
have prayed for quashing and setting aside the F.I.R.
bearing C.R.No.I­59/2016 registered with Vapi
(G.I.D.C.), Dist;Valsad.

2. The facts giving rise to filing of the present
application are as under:­

2.1 On 05.04.2016, the present respondent no.2 gave
a complaint before the police authorities with regard
to the allegations of harassment and torture alleged
to have taken place between the time period of
10.05.2015 to 05.04.2016.

2.2 It is narrated in the impugned complaint by the
respondent no.2 that she was married to the

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R/CR.MA/14206/2016 ORDER

petitioner no.1 in the Year­1999 in accordance with
Islamic rites and rituals and two children were born
out of the said wedlock.

2.3 The first informant further narrates in the
impugned complaint prior to 8 months of lodging the
complaint, the present petitioner no.1 changed his
behavior, and he used to pass taunts upon the
complainant and gave mental torture to the
complainant by saying that he is going to marry some
other woman.

2.4 It is also stated in the complaint in question
that around 7­8 months prior to lodging the impugned
complainant, the present petitioner no.1 gave her
Talaaq and even then she stayed with him, and
thereafter, when the complainant pleaded before the
petitioner no.1 for remarriage, the petitioner no.1
alleged to have told the complainant to undergo
Halaala, if they both were to get re­married and
accordingly, on 03.02.2016, the present petitioner
no.1 got the complainant married to one Ismail Tariq
at Allahabad.

2.5 Moreover, it is also alleged in the complaint
that thereafter she stayed with Ismail Khan and
thereafter, when the complainant asked the petitioner
no.1 for remarriage, he refused and the present
petitioner no.2 used to instigate the petitioner no.1
whenever he came from U.P. and they used to harass
and torture her and finally on 14.03.2016, the
petitioner no.1 alleged to have driven the

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R/CR.MA/14206/2016 ORDER

complainant out of the house. Accordingly, after a
gap of almost one month of the above mentioned
alleged incident i.e. on 05.04.2016, a complaint was
given by the respondent no.2 against the present
petitioners for the offences alleged to have been
committed under Sections 498A, 506(2) and 114 of the
Indian Penal Code.”

3.0 Pursuant to the order passed by this court on
30.11.2016, the Investigating Officer has remained
present.

4.0 Mr.H.K.Patel, learned APP has invited attention
of this Court to the statement given by the present
complainant on 14.04.2018, wherein she has
elaborately narrated that she is happily staying with
the present applicant and she has also blessed with
one child and presently, she is pregnant. It is also
specifically observed that she is residing with the
present applicant in his house and there is no
dispute between them and she does not want to proceed
with the impugned complaint filed by her.

5.0 In light of the statement made by the present
complainant, present application is allowed. The FIR
being C.R.I­59/2016 registered with Vapi (G.I.D.C.)
Police Station, Dist:Valsad and the proceedings
arising out of the said FIR are hereby quashed and
set aside. Rule is made absolute. Direct service is
permitted.

(A. S. SUPEHIA, J)
GIRISH

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