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Irfan Akbar Saikh vs State Of Gujarat on 8 October, 2018

R/CR.MA/18842/2018 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 18842 of 2018

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE A.Y. KOGJE Sd/-

1 Whether Reporters of Local Papers may be allowed to No
see the judgment ?

2 To be referred to the Reporter or not ? No

3 Whether their Lordships wish to see the fair copy of the No
judgment ?

4 Whether this case involves a substantial question of law No
as to the interpretation of the Constitution of India or any
order made thereunder ?

IRFAN AKBAR SAIKH
Versus
STATE OF GUJARAT

Appearance:
K T BELADIYA(9101) for the PETITIONER(s) No. 1,2,3
MR SACHIN GHUGE for the RESPONDENT(s) No. 2
MR HK PATEL, APP (2) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 08/10/2018

ORAL JUDGMENT

1. RULE. Learned APP Mr.H.K.Patel waives service

of Rule on behalf of respondent No.1-State. Learned

Advocate Mr.Sachin Ghuge has instructions to appear on

behalf of respondent No.2-complainant.

Page 1 of 3

R/CR.MA/18842/2018 JUDGMENT

2. This application under Section 482 of the

Criminal Procedure Code is filed for quashing of FIR

being I-CR No.139 of 2015 registered with Limbayat Police

Station, Surat for offences under Sections 498A, 323,

504(2), 307 and of the Indian Penal Code and Sections 3

and 7 of the Dowry Prohibition Act, charge sheet No.149

of 2016 and consequential case being Sessions Case No.225

of 2016 pending before the District Sessions Court,

Surat on the ground of settlement arrived at between the

parties.

3. Learned Advocate for the applicants submitted

that in fact, the impugned FIR was filed due to some

misunderstanding and misconception, which is now removed.

It is submitted that due to intervention of elders from

both families, all doubts are now cleared and now

respondent No.2-complainant does not want to pursue the

impugned complaint against the applicants herein and

hence, the present petition for quashing.

4. Learned Advocate Mr.Sachin Ghuge for respondent

No.2-complainant submitted that respondent No.2-Sumeya

Irfan Akbar Saikh is present before the Court. He

identifies the complainant. The respondent No.2-

complainant has filed affidavit ratifying the compromise

arrived at between the parties.

Page 2 of 3

R/CR.MA/18842/2018 JUDGMENT

5. Considering the nature of allegations made in

the FIR and the compromise arrived at between the

parties, as the dispute is now amicably settled, no

useful purpose will be served in continuing the

prosecution of the present applicants.

6. In view of the aforesaid, the application is

allowed. FIR being I-CR No.139 of 2015 registered with

Limbayat Police Station, Surat, charge sheet No.149 of

2016 and consequential case being Sessions Case No.225 of

2016 pending before the District Sessions Court, Surat

are ordered to be quashed. Rule is made absolute.

Direct service is permitted.

Sd/-

(A.Y. KOGJE, J)
SHITOLE

Page 3 of 3

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