R/CR.MA/22730/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 22730 of 2018
JAGDISHBHAI VASHRAMBHAI KAMRIYA
Versus
STATE OF GUJARAT
Appearance:
MR HM PRACHCHHAK(1076) for the Applicant(s) No. 1,2,3
MR HARESH N JOSHI(1871) for the Respondent(s) No. 2
MR. LB DABHI, ADDL. PUBLIC PROSECUTOR(2) for the Respondent(s) No.
1
CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 25/09/2019
ORAL ORDER
[1] Rule. Learned A.P.P. and learned advocate Mr. Haresh
Joshi waive service of Rule for respondent Nos.1 and 2
respectively. Learned APP objects quashment of present
proceedings on the premise of settlement.
[2] With the consent of learned advocate for the applicants
and learned advocate for the respondents, present application
is taken up for final disposal today. The parties are present
before the Court alongwith their respective learned
advocates.
[3] By way of the present application under Section 482 of
the Code of Criminal Procedure, 1973 (for short, the ‘Code’),
the applicants pray for quashing and setting aside the F.I.R.
being C.R.No.I-42 of 2018 registered with Mangrol Police
Station, Junagadh for the offence punishable under Sections
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R/CR.MA/22730/2018 ORDER
498(A), 323, 504, 506(2),114 of the Indian Penal Code and u/s
135 of the G.P. Act.
[4] Learned advocate for the applicants has taken this Court
through the factual matrix arising out of the present
application.
[5] On 6.12.2018, this Court passed following order:-
“1. This is an application seeking quashment of the First
Information Report being IC. R. No. 42 of 2018
registered at Mangrol Police Station, Dist.: Junagadh for
the offences punishable under sections 498A, 323, 504,
506 (2) and 114 of the Indian Penal Code r/w. Section
135 of the Gujarat Police Act.
2. The parties are present before this Court. This
Court notices that the respondent no.2 is having fracture
and walking with stick. The petitioner no.2 mother in law
is also present before this Court. As respondent no.2 has
a child of six years, she is desirous of joining her
husband.
3. The request is made by the learned advocate
appearing for the petitioner to quash the complaint/
F.I.R. Mr. Joshi since appears for the respondent no.2,
the Court gathered the ground reality from him and he
has submitted that considering the meager means, of the
lady and with practically no means of the parent of the
respondent no.2 with her responsibility of one young
child, she has chosen to join back. Let the matter be kept
pending and periodically, some monitoring can be done.
4. Let the investigation continue. The quashment of
the F.I.R. is not desirable at this stage. A lady police
constable from Mangrol Police Station shall visit the
petitioner’s residence at the interval of about 4 to 6
weeks to ensure the safety of the respondent no.2.
Learned advocates who are the officers of the Court are
also requested to monitor the situation.
5. Let the matter appear on 20th March, 2019. Copy of
this order be given to learned Additional Public
Prosecutor for her onward communication.
Direct service is permitted.”
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R/CR.MA/22730/2018 ORDER
[6] Since now, the dispute with reference to the impugned
F.I.R. is settled and resolved by and between parties which is
confirmed by the original complainant through his learned
advocate, the trial would be futile and any further
continuation of proceedings would amount to abuse of process
of law. Therefore, the impugned F.I.R. is required to be
quashed and set aside.
[7] Resultantly, this application is allowed. Impugned F.I.R.
being C.R.No.I-42 of 2018 registered with Mangrol Police
Station, Junagadh and all other consequential proceedings
arising out of the impugned FIR against the present
applicants is hereby quashed and set aside. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J)
SHEKHAR P. BARVE
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