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Charuben vs State Of Gujarat & on 9 January, 2018

R/CR.MA/31076/2017 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 31076 of 2017

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE J.B.PARDIWALA

1 Whether Reporters of Local Papers may be allowed
to see the judgment ?

2 To be referred to the Reporter or not ?

3 Whether their Lordships wish to see the fair copy of
the judgment ?

4 Whether this case involves a substantial question of
law as to the interpretation of the Constitution of
India or any order made thereunder ?

CHARUBEN W/O NITINBHAI JOSHI THRO’ POA SURESHBHAI
JHATASHANKAR JOSHI 1….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR. ABHISHEK A JOSHI, ADVOCATE for the Applicant(s) No. 1 – 2
MR RB THAKOR, ADVOCATE for the Respondent(s) No. 2
MR. DEVNANI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

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Date : 09/01/2018

ORAL JUDGMENT

1. Rule returnable forthwith. Mr. Devnani, the learned APP,
waives service of notice of rule for and on behalf of the
respondent No.1 and Mr. R.B. Thakor, the learned counsel,
waives service of notice of rule for and on behalf of the
respondent No.2.

2. By this application under section 482 of the Cr.P.C., 1973,
the applicants seek to invoke the inherent powers of this court
praying for quashing of the first information report being C.R.
No.I-119 of 2012 registered with the Gandhidham ‘A’ Division
Police Station, Gandhidham for the offence punishable under
sections 306, 498-A read with 114 of the Indian Penal Code.

3. It appears from the materials on record that the
respondent No.2 herein lodged a first information report with
regard to the suicide committed by his sister. The deceased,
i.e., the sister of the first informant was married with the
original accused No.1, namely, Anand Dhansukhlal Joshi. The
two applicants before me are the sister-in-law and the brother-
in-law (Nandoi) of the deceased. Indisputably, both the
applicants have settled at Muskat, Sultanat of Oman. It
appears that, at the end of the investigation, charge-sheet
came to be filed against the husband and the mother-in-law.
The two applicants herein were shown as the absconding
accused in the column No.2. The case of the prosecution is
that on account of incessant harassment at the matrimonial
home, the deceased took the drastic step of committing
suicide. The allegation, so far as the two applicants herein are

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concerned, is that they used to instigate the husband. It
appears that the husband and the mother-in-law were put on
trial in the Sessions Case No.76 of 2012. As all the witnesses
turned hostile, the Trial Court, vide judgment and order dated
22nd March, 2016, acquitted the husband as well as the
mother-in-law. The case of the applicants herein is that they
have been falsely implicated in the prosecution. They have
been residing at Muskat since 1995, i.e., much before the
deceased got married with the original accused No.1
(acquitted).

4. I need not adjudicate this matter on merits in the wake of
few developments. The first development is that the matter
has been amicably settled between the first informant and the
two applicants herein. I would not have accepted the
settlement, keeping in mind that the case is one of commission
of suicide by the wife on account of harassment as alleged.
However, considering the fact that the husband and the
mother-in-law have been acquitted by the Trial Court, putting
the two applicants herein now on trial, will be nothing but an
exercise in futility.

5. The affidavit of the respondent No.2, so far as the two
applicants herein are concerned, is ordered to be taken on
record. The contents are as under;

“I, Hareshbhai S/o. Rashiklal Joshi, male, Aged 37 years
Occupation: Business Resident of: H-23, Arihant Nagar,
Near Pramukh Swami Nagar, Bhuj, Dist: Kachchh, am the
original complainant FIR No.I-119/2012 before the
Gandhidham A Division Police Station, Gandhidham, do
hereby solemnly affirm as under;

1) I have lodged Criminal complaint being C.R. No.I-

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119/2012 dated 19.07.2012 registered with Gandhidham
A Division Police Station-Gandhidham, District: Kachchh
for the offences punishable under section 306, 498A and
114 of Indian Penal Code and sec. 4 of Dowry Prohibition
Act against the present petitioners and I am aware about
the facts of the case.

2) It is respectfully submitted that, the present FIR
was lodged me in the anger as I lost my sister. The fact
was that my sister Dipa got married to accused No.1 in
the year 2001 and out of wedlock they had two children,
Urvin and Akanksha. Akanksha was having problem in
the valve of heart and she was operated for the same,
but she could not survive. Because of the death of the
little girl, my sister was in deep trauma and she was not
speaking much to anyone and in the shock and
depression she committed suicide. As the FIR was lodged
in anger and unstable state of time at the relevant time,
later on with the interference of reputed persons of
society and the family members of both the parties, the
dispute has been amicably settled and I have realized
that the accused did not do any harassment to my sister
and so I have no grievance against the present
petitioners. It is respectfully submitted that the Husband
and Mother-in-law have already been acquitted by the
Learned Sessions Court. The relations between our
family and the family of accused are good, the son of my
sister is also residing with accused no.1, husband. The
present petitioners, accused nos.3 and 4 are sister-in-law
and Husband of sister-in-law of my sister, they are
resident of Muskat and residing there since before the
marriage of my sister, they are also having two children
and continuation of FIR and criminal proceedings will
destruct their life and their children’s life also, so
continuation of the FIR and other proceedings against
present petitioner is not in favour of anyone, as we have
no grievance surviving.

3) I therefore submit I have no objection if the FIR
being C.R. No.I-119/2012 dated 19.07.2012 registered
with Gandhidham A Division Police Station- Gandhidham,
District Kachchh for the offences punishable under
section 306, 498A and 114 of Indian Penal Code and sec.
4 of Dowry Prohibition Act which is filed by me is
quashed, alongwith all subsequent proceedings.

Solemnly affirmed at Ahmedabad on 26th December,

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2017.’

6. In view of the above, this application is allowed. The first
information report being C.R. No.I-119 of 2012 registered with
the Gandhidham ‘A’ Division Police Station, Gandhidham is
hereby quashed. All consequential proceedings pursuant
thereto stand terminated. Rule is made absolute to the
aforesaid extent.

Direct service is permitted.

(J.B.PARDIWALA, J.)

Vahid

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