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.
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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.
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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
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