R/CR.MA/7067/2011 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 7067 of 2011
NARENDRA NARSINHLAL SHAH 1….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR UMESH A TRIVEDI, ADVOCATE for the Applicant(s) No. 1 – 2
MR TUSHAR CHAUDHARY, ADVOCATE for the Respondent(s) No. 2
MR RAKESH PATEL, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 22/02/2018
ORAL ORDER
1 By this application under Section 482 of the Code of Criminal
Procedure, 1973, the applicants – original accused Nos.2 and 3 seek to
invoke the inherent powers of this Court, praying for quashing of the
proceedings of the Criminal Case No.3011 of 2011 pending in the Court
of the Chief Judicial Magistrate, Ahmedabad (Rural) arising from the
First Information Report being C.R. No.I81 of 2011 registered with the
Satellite Police Station, Ahmedabad for the offence punishable under
Sections 498A and 323 read with 114 of the Indian Penal Code and
Sections 3 and 7 of the Dowry Prohibition Act.
2 It appears from the materials on record that the respondent No.2
got married with one Chirag Narendrabhai Shah in the year 1998. In the
wedlock, a son named ‘Dev’ was born. ‘Dev’, as on date, appears to be 15
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years of age. It appears that matrimonial disputes cropped up between
the husband and wife, which, ultimately, led to the filing of the First
Information Report referred to above. The applicant No.1 herein is the
fatherinlaw and the applicant No.2 is the married sisterinlaw of the
respondent No.2. The husband is not before this Court. The First
Information Report lodged by the respondent No.2 is extracted
hereunder:
“Date: 9/2/2011
My name is Hiralben by caste Shah, Age 35 years, Occu:
Housewife, residing at B/2/2013, Green Acre, Prahladnagar, Satellite,
Ahmedabad. Mob No.9879010081.
On being personally asked, I declare and dictate facts of my
complainant that I reside at the aforesaid address with my son Dev, age 8
years since 2nd July, 2010. My husband is residing with his mother
Daxaben and father Narendrabhai at Shaym Bungalow, Nr. Poga Nursery,
Nr. Shyamal Cross Road, Satellite, Ahmedabad. My mother Shariyuben
and father Dineshbhai Joshi are residing at Tirupati Bungalow, Behind
Dharti Resort, Palanpur.
My marriage was solemnized with Chirag in the year 1998 in
Revera Hotel. After our love affair, our marriage was solemnized in
presence of the people of society and as per the customs of the society. After
marriage, I started living at my inlaws’ house with my husband and
parentsinlaw. I have two sistersinlaw. Both my sisterinlaw Alpaben
wife of Sanjay Alok and younger sisterinlaw Ulupi wife of Niraj Parikh
are residing with their inlaws.
After marriage, my husband and fatherinlaw were frequently
taunting me regarding household work and my husband used to getPage 2 of 5
R/CR.MA/7067/2011 ORDERinstigated on me on petty issues and he was beating me. My sisterinlaw
Ulupi wife of Nirajbhai Parikh residing at Rivera Elegance, Satellite,
Ahmedabad was frequently visiting my inlaw’s house and she was
instigating my husband and fatherinlaw and she was also taunting for
dowry. On being instigated by her, my husband used to beat me. After
about one year of the marriage, one day my fatherinlaw made indecent
demand before me. But I did not tell my husband about this. Because, this
may cause quarrel in the house. Before about eight months, when I told
my husband about the aforesaid demand made by my fatherinlaw, my
husband got instigated and I was driven out of the house and thereafter, a
flat was hired for me in Green Acre, Opposite Prahladnagar Pond. My son
and I both are residing in this flat. My husband visits this flat frequently
and he also beats me. Today, at about 530 hrs in evening, my husband
came to my flat to take my son Dev and he was taking my son to make
him meet my parentsinlaw. But as my son denied to go, he slapped him.
Therefore, my son started crying. I also started stopping him and therefore
he left. Therefore, as my husband, fatherin0law and sisterinlaw Ulupi
are harassing me mentally and physically and as they are taunting me
regarding dowry and as my son has been also slapped today, here is my
complaint to take legal actions. My witnesses are those who are found
during the investigation.
This much fact of mine is true and correct as dictated by me. I have
received a copy of the complaint.”
3 On conclusion of the investigation, the police filed chargesheet
and the filing of the chargesheet culminated in the criminal case referred
to above.
4 Over a period of time, the respondent No.2 and her husband
thought fit to arrive at an amicable settlement. The settlement has been
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R/CR.MA/7067/2011 ORDER
arrived at and has been reduced into writing duly signed by the parties
and notarized. Broadly, the understanding between the parties is that
the husband will be transferring the flat in which the wife is residing as
on date with son ‘Dev’ in the name of his wife in the month of April
2018. The husband is paying Rs.5 Crore to the wife and Rs.5 Crore to
the son. In all, Rs.10 Crore is to be paid by the husband towards full and
final settlement. The understanding further is that in the month of April
2018 i.e. after the flat is transferred in the name of wife, the husband
and wife will be filing an application under Section 13B(1) of the Hindu
Marriage Act before the Family Court concerned for dissolution of
marriage with mutual consent. The undertaking filed by the husband
duly notarized and on oath is ordered to be taken on record.
5 The husband namely Chirag Narendrabhai Shah is present in the
Court today. The respondent No.2 namely Hiralben Chiragbhai Shah is
also present in the Court today. The respondent No.2 makes a statement
that as settlement has been arrived at, she has no objection if the
proceedings of the criminal case against the two applicants herein are
quashed. The respondent No.2 made herself very clear that so far as the
husband is concerned, she would give consent for quashing of the
criminal proceedings once the flat is transferred in her name, the
marriage is dissolved and the payment of Rs.5 Crore is paid to her. The
husband made himself very clear that he would try to make the payment
of Rs.5 Crore by the end of July 2018.
6 It shall be thereafter open for the husband to come before this
Court with a prayer to quash the criminal proceedings against him. If
everything has gone fine by that period of time, then the respondent
No.2 shall remain present before this Court and give her consent.
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R/CR.MA/7067/2011 ORDER
7 In view of the above, this application is allowed. The proceedings
of the Criminal Case No.3011 of 2011 pending in the Court of the Chief
Judicial Magistrate, Ahmedabad (Rural) arising from the First
Information Report being C.R. No.I81 of 2011 registered with the
Satellite Police Station, Ahmedabad are hereby quashed so far as the two
applicants herein are concerned. Rule is made absolute. Direct service is
permitted.
(J.B.PARDIWALA, J.)
chandresh
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