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Kiritsinh Ranjitsinh Chudasma vs State Of Gujarat on 4 February, 2020

R/CR.MA/2537/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC. APPLICATION NO. 2537 of 2020

With
R/CRIMINAL MISC. APPLICATION NO. 2546 of 2020

KIRITSINH RANJITSINH CHUDASMA
Versus
STATE OF GUJARAT

Appearance:
VASIMRAJA A KURESHI(8609) for the Applicant(s) No. 1,2,3
for the Respondent(s) No. 2
MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 04/02/2020

ORAL ORDER

[1] Learned advocate Mr. Nisarg Jain, states that he has
instructions to appear for respondent No.2 – complainant.
Learned advocate for respondent complainant is permitted to
file appearance.

[2] Learned advocate Mr. Nisarg Jain confirms identity of
respondent No.2 – original complainant, who is present in the
Court and admits correctness and genuineness of the affidavit
filed by the complainant through learned advocate Mr. Nisarg
Jain, which is annexed at Annexure D.

[3] Rule. Learned A.P.P. and learned advocate Mr. Nisarg
Jain waive service of Rule for respondent Nos.1 and 2
respectively. Learned APP objects quashment of present
proceedings on the premise of settlement.

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R/CR.MA/2537/2020 ORDER

[4] With the consent of learned advocate for the applicants
and learned advocate for the respondents, present
applications are taken up for final disposal today. The parties
are present before the Court alongwith their respective
learned advocates.

[5] By way of the present applications 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 CR No.11196001200005 of 2020 registered with
Vadodara Mahila Police Station for the offence punishable
under Sections 498A, 376, 377, 323, 504, 406(2) of the Indian
Penal Code and u/s 4, 6, 8, 12 of the POCSO Act.

[6] Learned advocate for the applicants has taken this Court
through the factual matrix arising out of the present
applications.

[7] It is now stated at bar that the applicant and the
complainant have settled the dispute amicably and the
complainant has no grievance against the applicant. Not only
that the complainant and the applicant have married on
11.12.2018 as per certificate of marriage annexed at
Annexure B. It is in light of this aspect, the applicant and the
complainant urged that impugned FIR may be quashed.

[8] Learned advocate appearing for the the complainant
points out that since the complainant has already married
with the applicant, it will be more in her interest that the
impugned criminal proceedings may be quashed, as
otherwise, their marital life will be put into jeopardize and

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R/CR.MA/2537/2020 ORDER

there is no one to take care of her.

[9] It is now settled that in serious offence as one u/s 376 of
the IPC cannot be subject matter of quashment of the
proceedings initiated u/s 482 of the Code of Criminal
Procedure, 1973 on the ground of settlement between the
accused and the victim. Suffice it to refer the various
decisions rendered by the Hon’ble Apex Court on such aspect,
more particularly, in cases of Anita Maria Dias Vs. State of
Maharashtra reported in (2018) 3 SCC 290, Shimbu Vs. State
of Haryana reported in (2014) 13 SCC 318 and Parbatbhai
Ahir Vs. State of Gujarat reported in (2017) 9 SCC 641.
However, this Court cannot overlook the fact that the
applicant and the victim girl got married. Such situation is an
exception to the approach to deal with the proceedings
initiated u/s 482 of the Code of Criminal Procedure, 1973 on
the basis of settlement between the victim and the accused
and for the pre-dominant purpose of the welfare of the victim
to ensure her better future life, it is just and proper for this
Court in exercise of extraordinary inherent powers u/s 482 of
the Code of Criminal Procedure, 1973 could quash the
impugned criminal proceedings on the ground of settlement
between the parties in cases where the accused has married
and the complainant and the victim insist for quashment of
impugned criminal proceedings.

[10] In view of the aforementioned aspect, more particularly,
in light of the affidavit filed by the complainant, this Court is
inclined to consider the plea for quashment of the impugned
criminal proceedings, as otherwise, it will detrimentally affect
the family life of the complainant and even the balance and

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R/CR.MA/2537/2020 ORDER

harmony that could be achieved by them in the resolution of
disputes that again be irrecoverably lost.

[11] 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 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.

[12] Resultantly, the applications are allowed. Impugned
F.I.R. being CR No.11196001200005 of 2020 registered with
Vadodara Mahila Police Station 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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