R/CR.MA/4691/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 4691 of 2015
KIRANSINH BALWANTSINH CHHASATIYA 4….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR CHIRAG B PATEL, ADVOCATE for the Applicant(s) No. 1 – 5
MR JIGAR D DAVE, ADVOCATE for the Respondent(s) No. 2
MR DHARMESH DEVNANI, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 08/12/2017
ORAL ORDER
1 By this application under Section 482 of the Code of Criminal
Procedure, 1973, the applicants seek to invoke the inherent powers of
this Court, praying for quashing of the proceedings of the Criminal Case
No.1029 of 2013 pending in the Court of the Additional Civil Judge and
Judicial Magistrate First Class, Rajpipla arising from the First
Information Report being C.R. No.II – 2 of 2013 lodged before the
Rajpipla Police Station for the offence punishable under Sections 498A
and 506(2) read with 114 of the Indian Penal Code and Sections 3 and 4
of the Dowry Prohibition Act.
2 The applicant No.1 is the husband, the applicant No.2 is the
brotherinlaw, the applicant No.3 is the sisterinlaw, the applicant No.4
is the fatherinlaw and the applicant No.5 is the motherinlaw of the
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R/CR.MA/4691/2015 ORDER
respondent No.2. The respondent No.2 has got married with the
applicant No.1 herein on 22nd February 2008. In the wedlock, a baby girl
was born named Prachi. Prachi, as on date, is about 8 years of age. It
appears that matrimonial problems cropped between the husband and
wife. As a result, the F.I.R. came to be lodged by the respondent No.2
alleging harassment and cruelty at the end of the applicants.
3 On 17th November 2017, the following order was passed:
“By this application under Section 482 of the Code of Criminal
Procedure, 1973, the applicants seek to invoke the inherent powers of this
Court, praying for quashing of the proceedings of the Criminal Case
No.1029 of 2013 pending in the Court of the learned JMFC, Rajpipla,
arising from the FIR bearing CR.II No.2 of 2013 registered at the Rajpipla
Police Station for the offences punishable under Sections 498A, 506(2)
read with Section 114 of the Indian Penal Code and Sections 3 and 4 of
the Dowry Prohibition Act.
Mr.Jigar Dave, the learned counsel appearing for the respondent
no.2, submits that even as on date his client is ready and willing to go
back to her matrimonial home and start residing with her husband.
Well, if reunion happens, then there is nothing like that, more
particularly, when there is a sixyear old daughter born in the wedlock.
The applicant no.1, i.e. the husband, should consider this and
respond to the proposal of the wife.
Post this matter on 1st December 2017. The respondent no.2 as
well as the applicant no.1 shall remain present before this Court, so as to
explore the possibility of an amicable settlement.
The parents of the wife are also requested to remain present.”
4 The husband is present today with his father namely Balwantsinh.
Whereas the respondent No.2 is present with her father namely
Surendrasinh. Taking into consideration the interest of the eight year old
daughter, I persuaded the respective fathers of the parties to intervene
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and explain to their children to reconcile. The efforts have yielded
positive result. The parties have reconciled. The respondent No.2 will be
going along with her husband to her matrimonial home. I have made
them understand that they have to live their life for their eight year old
daughter. Her interest is now important. Even if any dispute arises in
future, the husband has assured to this Court that he would discharge all
his marital obligations. At the same time, the wife has also assured that
she would discharge all her marital obligations. They would live a happy
and peaceful marital life.
5 In view of the settlement arrived at between the parties, no
further adjudication is necessary in the matter.
6 In the result, this application is allowed. The further proceedings of the
Criminal Case No.1029 of 2013 pending in the Court of the Additional Civil
Judge and Judicial Magistrate First Class, Rajpipla arising from the First
Information Report being C.R. No.II – 2 of 2013 lodged before the Rajpipla
Police Station are hereby quashed. Rule is made absolute. Direct service is
permitted.
(J.B.PARDIWALA, J.)
chandresh
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