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Hiteshbhai Rameshbhai Nili vs State Of Gujarat on 5 December, 2018

R/SCR.A/10656/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION NO. 10656 of 2018
With
R/SPECIAL CRIMINAL APPLICATION NO. 10621 of 2018

HITESHBHAI RAMESHBHAI NILI
Versus
STATE OF GUJARAT

Appearance:
MR. NITESH G JAIN(7178) for the PETITIONER(s) No. 1,2,3,4,5
for the RESPONDENT(s) No. 2
PUBLIC PROSECUTOR(2) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

Date : 05/12/2018

ORAL ORDER

1. In both the matters, parties are present

for seeking quashment of FIR being I-CR No. 142 of

2012 registered with Limbayat Police Station, Surat

where the Court has convicted the applicants under

Sections 498A, 323, 504, 506(2), 114 of IPC and under

Sections 3, 5 and 7 of Dowry Prohibition Act.

2. The second petition is filed for seeking

quashment of proceedings arising from the Domestic

Violence Act.

3. Affidavit of respondent No.2-original

complainant in the both the matters are brought on

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R/SCR.A/10656/2018 ORDER

record. The original complainant confirms to enter

into the settlement for buying lasting peace she has

also agreed to end the dispute. By way of full and

final settlement to bring lasting peace, she also

agreed to give divorce and that purpose would be

final by way of mutual consent under Section 13B in

the Hindu Marriage Act, 1955. On a query raised by

this Court to the respondent’s wife, she has

submitted that she is yet to receive her belongings

and her streedhan from the present applicants. Let

the same be handed over to her. The amount of

Rs.5,00,000/- has already been paid, which she had

received. The Demand Draft of Rs. 5,00,000/- further

is handed over today to her and remaining amount of

Rs.3,00,000/- is to be given to the complainant, once

the decree is passed by the Competent Court. Let the

amount of Rs.3,00,000/- by way of Demand Draft is

submitted before the Registry by next week. Both the

matters be listed on 13th December 2018 in the first

25 matters.

(SONIA GOKANI, J)
KUMAR ALOK

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