R/SCR.A/3411/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 3411 of 2019
JIGNESH JAYANTILAL KANDHOI 4 other(s)
Versus
STATE OF GUJARAT 1 other(s)
Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1,2,3,4,5
for the Respondent(s) No. 2
MS SHRUTI PATHAK, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 24/06/2019
ORAL ORDER
[1] Learned advocate Mr. Mukundkumar Thakkar, states
that he has instructions to appear for respondent No.2 –
complainant.
[2] Rule. Learned A.P.P. and learned advocate Mr.
Mukundkumar Thakkar waive service of Rule for respondent
Nos.1 and 2 respectively.
[3] With the consent of learned advocate for the applicants
and learned advocate for respondent No.2 – original
complainant, present application is taken up for final disposal
today.
[4] 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.
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R/SCR.A/3411/2019 ORDER
being C.R.No.I-164 of 2001 registered with Wadi Police
Station, Vadodara for the offence punishable under Sections
498A, Section506 and Section114 of the Indian Penal Code and u/s 3 and 4
of the SectionDowry Prohibition Act as well as Criminal Case
No.41275 of 2002.
[5] Learned advocate for the applicants has taken this Court
through the factual matrix arising out of the present
application.
[6] Learned advocate for the respondent No.2 files affidavit
of respondent No.2 duly affirmed on 24.1.2019. According to
learned advocate for the respondent No.2, respondent No.2 is
at abroad and therefore, she is not able to come, but the
contents and averments made in her affidavit is supported by
his brother Mr.Preyash Shah, who is practising advocate,
wherein he has endorsed the affidavit of his sister and further
confirmed that the competent Court at Vadodara has passed
decree of divorce as per judgment dated 18.3.2014 u/s 13(B)
of the Hindu Marriage Act being HMP No.60 of 2004. Both
the affidavits and copy of decree of divorce are ordered to be
taken on record.
[7] 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.
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R/SCR.A/3411/2019 ORDER
[8] Resultantly, this application is allowed. Impugned F.I.R.
being C.R.No.I-164 of 2001 registered with Wadi Police
Station, Vadodara as well as Criminal Case No.41275 of 2002
against the present applicants are 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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