R/CR.MA/25805/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 25805 of 2017
DHIMAN RAMESHBHAI PATEL 3….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR PRATIK Y JASANI, ADVOCATE for the Applicant(s) No. 1 – 4
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
MR NANDISH THACKAR, ADVOCATE Respondent No.2
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 01/11/2017
ORAL ORDER
1 Rule returnable forthwith. Ms. Moxa Thakkar, the learned APP
waives service of notice of rule for and on behalf of the respondent No.1
State of Gujarat. Mr. Thackar, 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 for quashing of the further proceedings of
Criminal Case No.3443 of 2013 pending in the Court of the learned
Judicial Magistrate First Class, Jamnagar arising from the FIR being C.R.
No.II78 of 2013 registered with the Mahila Police Station, Jamnagar for
the offence punishable under Sections 498A, 323, 504, 506(2) read with
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R/CR.MA/25805/2017 ORDER
114 of the Indian Penal Code.
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 proceeding of the criminal case is
quashed. The respondent no.2 viz. Meghnaben Dhimantbhai Patel is
personally present in the Court and she is being identified by her learned
advocate Mr. Thackar. She has also filed an affidavit inter alia stating as
under:
“I, Meghaben Dhimantbhai Patel, daughter of Shri Ratilal Patel, Aged:
about 36 years, residing at Lotus Avenue, G101, Nr. Love Temple, Rajkot,
the respondent no.2 – orig. complainant, do hereby solemnly affirm and
state on oath as under:
1 I am the respondent no.2 – orig. complainant in the memo of
petition and I am fully conversant with the facts and circumstances of the
case and I am duly competent to file this affidavit.
2 I say that I have gone through the memo of petition and the facts
stated in the memo of petition are not disputed by me. At the outset, I say
and submit that the disputes and grievances of both the sides have been
amicably settled and I do not wish to prosecute the petitioners any further
with respect to the F.I.R. registered as C.R. No.II78/2013 with Mahila
Police Station, Jamnagar for the offences punishable u/s. 498(1), 323,
504, 506(2) and 114 of the Indian Penal Code, 1860 of the Gujarat
Police Act as well as all proceedings arising therefrom, I say and submit
that I have already executed a customary deed of divorce with the
petitioner no.1 and I have also preferred Family Suit No.313 of 2017. I
say and submit that as I have already decided to part ways with the
petitioners, this Hon’ble Court may be pleased to consider the aspect of
compromise and be pleased to quash and set aside the impugned
complaint as well as all proceedings arising therefrom.
3 I say and submit that after lodging the impugned FIRl I realized
that a minor dispute has taken a massive shape. After filing the impugned
Fir, I realized the nature of hardships and inconvenience, socially and
mentally, it will cause to both the sides, if the criminal proceedings
continue and both the sides are subjected to rigors of criminal trial, it will
immensely affect our future prospects of better life.
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4 In the facts and circumstances as narrated above, I at my free will,
wish and desire am stating on oath that I do not wish to prosecute the
criminal proceedings against the petitioners as the dispute between us has
been amicably settled. I state that the complaint filed by me being F.I.R.
registered as C.R. No.II78/2013 with Mahila Police Station, Jamnagar
for the offences punishable u/s. 498(A), 323, 504, 506(2) and 114 of the
Indian Penal Code, 1860 of the Gujarat Police Act as well as all
proceedings arising therefrom may be quashed in the interest of justice.”
4 Taking into consideration the fact that the dispute between the
parties has been amicably settled, no useful purpose would now be
served to allow the criminal case to proceed further. The affidavit is
ordered to be taken on record.
5 In the result, this application is allowed. The Criminal Case
No.3443 of 2013 pending in the Court of the learned Judicial Magistrate
First Class, Jamnagar arising from the FIR being C.R. No.II78 of 2013
registered with the Mahila Police Station, Jamnagar, are ordered to be
quashed. Consequently, all further proceedings pursuant thereto shall
stand terminated. Rule is made absolute. Direct service is permitted.
6 The Registry shall accept the vakalatnama of Mr. Nandish
Thackar, the learned advocate who has entered appearance on behalf of
the respondent no.2.
(J.B.PARDIWALA, J.)
chandresh
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