R/SCR.A/2353/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2353 of 2015
SACHIN ISHWARBHAI MALI 2….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
MR.MINHAJ M SHAIKH, ADVOCATE for the Applicant(s) No. 1-3
MS MOXA THAKKAR, APP for the RESPONDENT(s) No. 1
MS POOJA H HOTCHANDANI, ADVOCATE for the Respondent(s) No. 2
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 06/12/2017
ORAL ORDER
By this writ-application under Article 226 of the
Constitution of India, the writ-applicants seek to invoke the
inherent powers of this Court, praying for quashing of the
proceedings of the Atrocity Case No.10/2017 pending in the
Court of the learned Fast Track Court, Vadodara, arising from
the First Information Report being CR-I No.238 of 2014
registered with the Gotri Police Station, Vadodara, for the
offence punishable under Section 498A, 323, 506(2), 294B of
the Indian Penal Code, under Sections 3 and 7 of the Dowry
Prohibition Act and under Sections 3(1) and 10 of the Atrocity
Act, on the ground that the matter has been amicably settled
between the parties.
An affidavit has been filed on behalf of the respondent
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R/SCR.A/2353/2015 ORDER
no.2 – original complainant, inter alia, stating as under :
“I, Shital Sachin Mali, D/o Babubhai Chavada, Household,
Residing at : B-36, Kapilakunj Appt., Karelibaug,
Vadodara, do hereby solemnly affirm and state on oath
as under :
1. I am the original complainant of the complaint filed
before Gotri Police Station, Vadodara being CR No.I-238
of 2014 dated 23.9.2014 for the offence punishable
under Sections 498A, 323, 506(2) and 294B of I.P.C. and
under Sections 3,7 of Dowry Prohibition Act and under
Sections 3(1), 10 of Atrocity Act.
2. I submit that the dispute between me and the
Applicant are resolved and settled amicably. In view
thereof, the parties have executed a Deed of Settlement
dated August 20, 2016. A copy of the same is annexed
hereto and marked as Annexure-A. The parties have inter
alia agreed to withdraw and get quashed all civil and
criminal proceedings filed by them. Therefore, I submit
that the complaint in question be quashed and set aside
and I have no any objection to the same.
3. It is further submitted that since now there is no any
dispute between me and applicant and with his family
and now the original dispute has been over and settled
therefore, the present complainant has decided not to
proceed with the complaint in question against the
applicants herein. Therefore, considering the above
stated fact I have no any objection, if the present
application is allowed.”
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R/SCR.A/2353/2015 ORDER
In view of the fact that the matter has been resolved
between the parties, no useful purpose would now be served
to permit the Atrocity (Special) Case No.10/2017 pending in
the Court of the learned Fast Track Court, Vadodara, arising
from the First Information Report being CR-I No.238 of 2014
registered with the Gotri Police Station, Vadodara, to proceed
further.
In the result, this application is allowed. The further
proceedings of the Atrocity (Special) Case No.10/2017 pending
in the Court of the learned Fast Track Court, Vadodara, arising
from the First Information Report being CR-I No.238 of 2014
registered with the Gotri Police Station, Vadodara, are hereby
ordered to be quashed.
Rule made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.)
MOIN
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