R/CR.MA/17532/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 17532 of 2017
DEEPAK RAJENDRASINH RATHOD(RATHOR) 2….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR SJ MAKWANA, ADVOCATE for the Applicant(s) No. 1 – 3
MR.DIPAK B PATEL, ADVOCATE for the Applicant(s) No. 1 – 3
HCLS COMMITTEE, ADVOCATE for the Respondent(s) No. 2
MS KHUSHBU P VYAS, ADVOCATE for the Respondent(s) No. 2
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 01/12/2017
ORAL ORDER
1 By this application under Section 482 of the Code of Criminal
Procedure, 1973, the applicants original accused seek to invoke the
inherent powers of this Court, praying for quashing of the First
Information Report bearing C.R. No.I145 of 2017 registered with the
Krishnanagar Police Station, Ahmedabad for the offence punishable
under Sections 498A, 323 and 294(B) read with 114 of the Indian Penal
Code.
2 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
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respondent No.2 has no objection if the First Information Report is
quashed. The respondent no.2 viz. Taraben is personally present in the
Court and she is being identified by her learned advocate Ms. Vyas, She
has filed an affidavit dated 1st December 2017 inter alia stating as under:
“I, Taraben w/o Deepak Rajendrasinh Rathod (Rathor), Religion: Hindu,
Age: 38 years, Resided at: G504, Madhuvan Glory, Shree Ram Chauk,
Nava Naroda, Ahmedabad Gender, Female, the respondent No.2 (Original
complainant) herein do hereby state on oath as under:
1 That I am the original complainant of the complaint registered at
C.R. No.I145 of 2017 registered with Krushna Nagar Station Ahmedabad
for the offences punishable under Section, 498(A), 323, 294(B) and 114
of the Indian Penal Code.
2 That due to the intervention of the respectable persons of the
Society and family members, there has been a compromise take place
between the husband and me. I say that in view of the compromise
between the parties, I don’t have any grievance against the present
applicant – original accused.
3 I state that we have amicably settled the dispute and had decided to
have peaceful and amicable relations and good atmosphere in our home. I
also filed the F.I.R. being C.R. I10 of 2017 filed before the Mahila Police
Station (East) Dist. Ahmedabad which is also quashed by the order dated
211117 passed by this Honourable High Court in Cr.M.A. No.28306 of
2017.
4 I therefore say and submit that the complaint filed by me against
the present applicant – original accused is liable to be quashed. I do not
have any objection for the same for quashing the FIR.
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Solemnly affirmed on this 1st December, 2017 at Ahmedabad.”
3 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.
4 In the result, this application is allowed. The First Information
Report being C.R. No.I145 of 2017 registered with the Krishnanagar
Police Station, Ahmedabad is quashed. Consequently, all further
proceedings pursuant thereto stand terminated. Rule is made absolute.
Direct service is permitted.
(J.B.PARDIWALA, J.)
chandresh
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