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Mehul Narendrabhai Shah vs State Of Gujarat on 9 October, 2018

R/CR.MA/19093/2018 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 19093 of 2018

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE A.Y. KOGJE Sd/-

1 Whether Reporters of Local Papers may be allowed to No
see the judgment ?

2 To be referred to the Reporter or not ? No

3 Whether their Lordships wish to see the fair copy of the No
judgment ?

4 Whether this case involves a substantial question of law No
as to the interpretation of the Constitution of India or any
order made thereunder ?

MEHUL NARENDRABHAI SHAH
Versus
STATE OF GUJARAT

Appearance:
MR VAIBHAV N SHETH(5337) for the PETITIONER(s) No. 1,2,3,4,5,6
MR KARAN PATEL for the RESPONDENT(s) No. 2
MR HK PATEL, APP (2) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 09/10/2018

ORAL JUDGMENT

1. RULE. Learned APP Mr.H.K.Patel waives service

of Rule on behalf of respondent No.1-State. Learned

Advocate Mr.Karan Patel has instructions to appear on

behalf of respondent No.2-complainant.

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R/CR.MA/19093/2018 JUDGMENT

2. This application under Section 482 of the

Criminal Procedure Code is filed for quashing of FIR

being I-CR No.36 of 2016 registered with Katargam Police

Station, Surat for offences under Sections 498A, 504,

506(2) and 114 of the Indian Penal Code and Sections 3

and 7 of the Dowry Prohibition Act, charge sheet and

consequential case being Criminal Case No.24279 of 2016

pending before Additional Senior Civil Judge JMFC,

Surat, on the ground of settlement arrived at between the

parties.

3. Learned Advocate for the applicants submitted

that in fact the impugned FIR came to be filed because of

some misunderstanding and on trivial issues, which had

arisen during the matrimonial life and pending the

application, due to intervention of family members from

both the sides, an amicable settlement is arrived at

between the parties and now respondent No.2-complainant

does not want to pursue the impugned complaint against

the applicants herein and hence, the present petition for

quashing.

4. Learned Advocate Mr.V.B.Malik for respondent

No.2-complainant submitted that respondent No.2-Ektaben

Mehulbhai Shah is present before the Court. He

identifies the complainant. The respondent No.2-

Page 2 of 3

R/CR.MA/19093/2018 JUDGMENT

complainant has filed affidavit ratifying the compromise

arrived at between the parties.

5. Considering the nature of allegations made in

the FIR and the compromise arrived at between the

parties, as the dispute is now amicably settled, no

useful purpose will be served in continuing the

prosecution of the present applicants.

6. In view of the aforesaid, the application is

allowed. FIR being I-CR No.36 of 2016 registered with

Katargam Police Station, Surat, charge sheet and

consequential case being Criminal Case No.24279 of 2016

pending before Additional Senior Civil Judge JMFC,

Surat is ordered to be quashed. The parties are directed

to abide by the terms of settlement.

7. Rule is made absolute.

Direct service is permitted.

Sd/-

(A.Y. KOGJE, J)
SHITOLE

Page 3 of 3

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