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-
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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
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