R/CR.MA/5462/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5462 of 2018
KAMLABEN RAJENDRABHAI YOGI (RAVAL) 2…. Petitioners
Versus
STATE OF GUJARAT 1…. Respondents
Appearance:
MR UMESH A TRIVEDI(946) for the PETITIONER(s) No. 1,2
MR DAIFRAZ HAVEWALLA(3982) for the RESPONDENT(s) No. 2
MS MOXA THAKKAR, APP(2) for the RESPONDENT(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 24/04/2018
ORAL ORDER
1 Mr. Trivedi, the learned counsel appearing for the applicants is
permitted to implead the name of the husband namely Jigneshkumar
Rajendrakumar Yogi, as the petitioner No.3. The cause title be amended
accordingly forthwith.
2 By this application under Section 482 of the Code of Criminal
Procedure, 1973, the applicants – original accused have prayed for the
following reliefs:
“(16)(A) Your Lordships may be pleased to admit and allow this
application(B) Your Lordships may be pleased to quash the FIR bearing C.R. No.I44
of 2017 registered with Palanpur City (West) Police Station, for the
alleged offences punishable under Sections 328, 498A and 34 of the Indian
Penal Code as also Sections 3 and 7 of the Dowry Prohibition Act andPage 1 of 4
R/CR.MA/5462/2018 ORDERconsequent filing of chargesheet, which is numbered as Criminal Case
No.97 of 2018 in the Court of learned Chief Judicial Magistrate, Palanpur
and any consequential proceedings ensured thereof, qua the applicants.
(C) Pending admission and final disposal of this application, Your
Lordships may be pleased to stay the further proceedings of Criminal Case
No.97 of 2018 pending in the Court of learned Chief Judicial Magistrte,
Palanpur along with consequential proceedings carried out against the
applicants.
(D) Your Lordships may be pleased to grant such other and further relief/s
that may be deemed fit and proper in the facts and circumstances of the
case.”
3 On 4th April 2018, this Court passed the following order:
“1. On 28.03.2018, this Court passed the following order:
“Pursuant to the order passed by this Court, Vruchiben is present in
the Court alongwith her father. I persuaded Vruchiben to put an
end to the marriage by filing an application before the Court
concerned for dissolution of the marriage. The respondent no.2 has
agreed to consider this suggestion made by this Court.
I have requested Mr. Trivedi, the learned counsel appearing
for the applicants and Mr. Havewala, the learned counsel
appearing for the respondent no.2 to sit together and try to resolve
the dispute on certain reasonable and equitable terms and
conditions. Post this matter on 04/04/2018. Any developments
shall be reported to this Court on the next date of hearing.”
2. Pursuant to the order passed by this Court referred to above, the parties
have been able to arrive at an amicable settlement. The parties have
decided that they would part ways by obtaining a decree of divorce by
mutual consent. It is brought to my notice by the learned counsel
appearing for the parties that the wife has already initiated proceedings in
the Court below for divorce since a settlement has been arrived at. A very
same Hindu Marriage Petition filed by the wife can be now treated as one
under Section 13(B) for divorce with mutual consent. The understandingPage 2 of 4
R/CR.MA/5462/2018 ORDERarrived at between the parties is that the husband shall pay an amount of
Rs.12,50,000/ to the wife towards full and final settlement. This amount
of Rs.12,50,000/ shall be deposited by the husband before the Family
Court at Palanpur within a period of 8 days.
3. The Principal Judge, Family Court, Palanpur shall pass an appropriate
order permitting the parties to dissolve the marriage with mutual consent.
The Family Suit No.44/16 filed by the wife shall now be treated as an
application under Section 13(B) of the Hindu Marriage Act for divorce
with mutual consent.
4. No sooner the husband deposits the amount of Rs.12,50,000/ in the
Family Court at Palanpur, then within 8 days thereafter, the Family Court
shall pass an appropriate decree for dissolution of the marriage with
mutual consent. The parties to act accordingly. The Family Court,
Palanpur shall also act accordingly. The orders with regard to quashing of
the FIR shall be passed after the divorce decree is passed by the Family
Court, Palanpur.
5. Post this matter for passing of further orders on 24.04.2018 on the top of
the board.
6. At the time of passing of the decree for divorce with mutual consent, the
amount of Rs.12,50,000/ which the husband shall deposit shall
thereafter be disbursed to the wife by way of an account payee cheque.
Direct service is permitted.”
4 Mr. Trivedi as well as Mr. Havewalla, the learned counsel
appearing for the respective parties brought it to my notice that the
matter has been fully put to an end. The Court concerned has passed the
decree for divorce with mutual consent. The certified copy of the decree
is produced on record. The same shall be kept with the record of this
case. As directed by this Court, the amount of Rs.12,50,000/ deposited
by the husband has been disbursed in favour of the wife by the Family
Court. Nothing further remains to be done in this litigation.
5 In view of the above, this application is allowed. The proceedings
of the Criminal Case No.97 of 2018 pending in the Court of the Chief
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R/CR.MA/5462/2018 ORDER
Judicial Magistrate, Palanpur are hereby ordered to be quashed. All
consequential proceedings pursuant thereto stand terminated. Rule is
made absolute. Direct service is permitted.
(J.B. PARDIWALA, J.)
CHANDRESH
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