IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 20714 of 2015
BALDEVBHAI PUNAMCHAND RANA 3….Applicant(s)
STATE OF GUJARAT 1….Respondent(s)
MR NIKHIL S KARIEL, ADVOCATE for the Applicant(s) No. 1 – 4
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
UNSERVED-REFUSED (R) for the Respondent(s) No. 2
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 07/12/2017
1 By this application under Section 482 of the Code of Criminal
Procedure, 1973, the applicants seek to invoke the inherent powers of
this Court, praying for quashing of the First Information Report being I
C.R. No.55 of 2015 registered at the Petlad Town Police Station, District:
Anand for the offence punishable under Sections 498A, 323, 506(2) and
406 read with 114 of the Indian Penal Code and Sections 3 and 7 of the
Dowry Prohibition Act.
2 On 30th November 2017, the following order was passed:
“Mr. Kariel, the learned counsel appearing for the applicants submitted
that the matter has been amicably settled between the parties. The
respondent No.2wife has started residing with her husband, i.e., the
Page 1 of 3
HC-NIC Page 1 of 3 Created On Fri Dec 08 00:15:31 IST 2017
It appears that, as on date, she is pregnant. She would have remain
present before this Court to give consent for quashing of the first
information report. However, in view of her delicate condition, she has not
been able to remain present.
In such circumstances, the Investigating Officer of the concerned police
station is directed to visit the residence and record the statement of the
respondent No.2 Bhagyasheeben Rajput. The Investigating Officer shall
ascertain the wish of the respondent No.2 as regards the first information
report lodged by her. Let such statement be recorded at the earliest and
place before this Court for perusal on next Thursday, i.e., on 07.12.2017.
A copy of this order be provided to Ms. Thakkar, the learned APP, for its
On the next date of hearing, the Investigating Officer shall remain present
before this Court with the statement of the respondent No.2.
Let the matter appear on 07.12.2017 on top of the board.”
3 Pursuant to the order passed by this Court referred to above, the
Investigating Officer visited the residence and recorded the statement of
the respondent No.2 – Bhagyashreeben Rajput. Ms. Moxa Thakkar, the
learned A.P.P. appearing for the State places on record the statement for
my perusal. On reading of the statement, it appears that there has been
reconciliation between the parties. The respondent No.2 is happily
residing as on date at her matrimonial home. She is also pregnant. The
statement of the respondent No.2 recorded by the Investigating Officer is
ordered to be taken on record.
4 In such circumstances referred to above, this application is allowed. The
First Information Report being IC.R. No.55 of 2015 registered at the Petlad
Town Police Station, District: Anand is hereby quashed. Rule is made absolute.
Direct service is permitted.
Page 2 of 3
HC-NIC Page 2 of 3 Created On Fri Dec 08 00:15:31 IST 2017
Page 3 of 3
HC-NIC Page 3 of 3 Created On Fri Dec 08 00:15:31 IST 2017