R/SCR.A/3468/2018 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 3468 of 2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE A.Y. KOGJE Sd/-
1 Whether Reporters of Local Papers may be allowed to see the No
judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy of the judgment ? No
4 Whether this case involves a substantial question of law as to the No
interpretation of the Constitution of India or any order made
thereunder ?
NAZMA NASIR SHAIKH
Versus
STATE OF GUJARAT
Appearance:
MR NV GANDHI(1693) for the PETITIONER(s) No. 1,2,3,4
MS HIRAL MEHTA 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 : 29/08/2018
ORAL JUDGMENT
Draft amendment is allowed to join original
accused No.1-Asif Nasir Shaikh as applicant No.5.
Learned Advocate Mr.N.V.Gandhi is permitted to
file Vakalatnama on behalf of the newly added applicant.
2. RULE. Learned APP Mr.H.K.Patel waives service
of Rule on behalf of respondent No.1-State. Learned
Advocate Ms.Hiral Mehta has instructions to appear on
behalf of respondent No.2-complainant. She is permitted
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R/SCR.A/3468/2018 JUDGMENT
to file appearance on behalf of respondent No.2.
3. This application under Section 482 of the
Criminal Procedure Code is filed for quashing of FIR
being I-CR No.275 of 2017 registered with Chowk Bazar
Police Station, Surat City for offences under Sections
323, 498A, 504, 506(2) and 114 of the Indian Penal Code
and Sections 3, 5 and 7 of the Dowry Prohibition Act and
Criminal Case No.15299 of 2018 pending in the Court of 2nd
Additional Civil Judge JMFC, Surat arising out of the
said FIR, on the ground of settlement arrived at between
the parties.
4. Learned Advocate for the applicants submitted
that pending the application, an amicable settlement is
arrived at between the parties due to intervention of
elder members of family as well as other relatives. It
is submitted that vide MoU dated 19.05.2018, a divorce
deed is entered into to dissolve the marriage and now, no
grievance survives between the parties and hence, present
application for quashing.
5. Learned Advocate Ms.Hiral Mehta for respondent
No.2-complainant submitted that respondent No.2-Shaniya,
W/o Ashif Shaikh is present before the Court. She
identifies the complainant. The complainant has filed
affidavit ratifying the compromise arrived at between the
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R/SCR.A/3468/2018 JUDGMENT
parties.
6. Learned Advocates for the applicants submitted
that newly added applicant No.5 is voluntarily ready to
pay cost of Rs.2,500/- as a part of compromise.
7. Considering the nature of allegations made in
the FIR, contents of the compromise arrived at between
the parties and as the dispute is now amicably settled,
no useful purpose will be served in continuing the
prosecution of the present applicants.
8. In view of the aforesaid, the application is
allowed. FIR being I-CR No.275 of 2017 registered with
Chowk Bazar Police Station, Surat City and Criminal Case
No.15299 of 2018 pending in the Court of 2nd Additional
Civil Judge JMFC, Surat arising out of the said FIR are
ordered to be quashed.
9. The newly added applicant No.5 is directed to
deposit cost of Rs.2,500/- with the Legal Aid Committee,
Gujarat High Court.
10. Rule is made absolute.
Direct service is permitted.
Sd/-
(A.Y. KOGJE, J)
SHITOLE
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