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Nazma Nasir Shaikh vs State Of Gujarat on 29 August, 2018

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

Page 3 of 3

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