R/CR.MA/8474/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 8474 of 2017
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CHIRAG THAKORBHAI DESAI 2….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
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Appearance:
MR.D K.PUJ, ADVOCATE for the Applicant(s) No. 1 – 3
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 03/04/2017
ORAL ORDER
1 Rule returnable forthwith. Ms. Pathak, the learned Additional
Public Prosecutor waives service of notice of rule for and on behalf of the
respondent No.1 State of Gujarat. Mr. Patel, the learned advocate has
entered appearance on behalf of the respondent No.2 original first
informant and waives service of notice of rule.
2 By this application, the applicants original accused seek to invoke
the inherent powers of this Court under Section 482 of the Code of
Criminal Procedure, 1973, praying for quashing of the First Information
Report bearing C.R. No.I126 of 2010 registered with the Naroda Police
Station, Ahmedabad for the offence punishable under Sections 498A
read with 114 of the Indian Penal Code and Sections 3, 5 and 7 of the
Dowry Prohibition Act.
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3 Today, when the matter is taken up for hearing, it is jointly
submitted by the learned advocates appearing for the respective parties
that the dispute has been amicably resolved between the parties and the
respondent No.2 has no objection if the First Information Report is
quashed. The respondent no.2 viz. Shital Chirag Desai is personally
present in the Court and she is being identified by her learned advocate
Mr. Patel. She has filed an affidavit dated 30th March 2017 inter alia
stating as under:
“I, Shital Chirag Desai, Hindu, Adult, Age 44 yrs, resident of A/91,
Sumtinath Prabhu CoOp. Hos. Society, Naroda, Ahmedabad, the
respondent no.2, herein, state on oath and solemnly affirm as under:
(1) That I have filed the Criminal Complaint being FIR, IC.R.
No.126/2010 before the Naroda Police Station on 9.3.2010 against my
husband, Chirag Thakorebhai Desai, the petitioner No.1 herein and others
for the offences punishable under Section 498A and 114 of the Indian
Penal Code and Sections 3, 5 and 7 of the Prohibition of Dowry Act.
(2) That after the investigation was concluded, the charge sheet was filed
against the petitioner on 1.4.2010 bearing charge sheet No.153/2010 in
the Court of Ld. Additional Chief Metropolitan Magistrate Court No.18,
Ahmedabad and the same is being tried as Criminal Case No.430 of 2010.
(3) That due to intervention of the family members, friends and respective
members of the Society, we have reached to amicable solution to our
matrimonial disputes. Notarised copy of settlement agreement furnish
herewith for your reference. And therefore, I am not desirous to pursue the
said Criminal Complaint as well as the Criminal Case No.430 of 2010. I
have therefore, no objection if the FIR being I. C.R. No.126 of 2010
registered with Naroda Police Station against the petitioner and other
accused family members of the Criminal Case No.430 of 2010 pending
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before the Ld. Additional Chief Metropolitan Magistrate Court No.18 are
quashed and set aside.”
4 Taking into consideration the fact that the dispute between the
parties has been amicably settled, no useful purpose would now be
served to continue with the investigation. The affidavit is ordered to be
taken on record.
5 In the result, this application is allowed. The First Information
Report bearing C.R. No.I126 of 2010 registered with the Naroda Police
Station, Ahmedabad is ordered to be quashed. Consequently, all further
proceedings pursuant thereto stand terminated. Rule is made absolute.
Direct service is permitted.
6 The Registry shall accept the vakalatnama of Mr. Patel the learned
advocate who has entered appearance on behalf of the respondent no.2.
(J.B.PARDIWALA, J.)
chandresh
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