R/CR.MA/15496/2018 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 15496 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 ?
SAMIRBHAI SALIMBHAI GHADIYA
Versus
STATE OF GUJARAT
Appearance:
MR AMIT K DAVE(5860) for the PETITIONER(s) No. 1
MR KT DAVE(257) for the PETITIONER(s) No. 1
MR HITENDRA RAJPUT 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 : 23/08/2018
ORAL JUDGMENT
1. RULE. Learned APP Mr.H.K.Patel waives service
of Rule on behalf of respondent No.1-State. Learned
Advocate Mr.Hitendra Rajput has instructions to appear on
behalf of respondent No.2-complainant. He is permitted
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R/CR.MA/15496/2018 JUDGMENT
to file his appearance.
2. This application under Section 482 of the
Criminal Procedure Code is filed for quashing of FIR
being I-CR No.138 of 2015 registered with Umra Police
Station, Surat for offences under Sections 498A, 323,
504, 506(1) and 114 of the Indian Penal Code, on the
ground of amicable settlement arrived at between the
parties.
3. Learned Advocate for the applicant submitted
that the dispute arises out of matrimonial matter and due
to intervention of the respected members of the society,
a mutual understanding and agreement is arrived at
between the parties.
4. Learned Advocate Mr.Hitendra Rajput for
respondent No.2-complainant submitted that respondent
No.2-Zohra Samirbhai Gaadiya is present before the Court.
Learned Advocate files affidavit on behalf of respondent
No.2, ratifying the compromise arrived at between the
parties.
5. 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 applicant.
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R/CR.MA/15496/2018 JUDGMENT
6. In view of the aforesaid, the application is
allowed. FIR being I-CR No.138 of 2015 registered with
Umra Police Station is ordered to be quashed. Rule is
made absolute.
Direct service is permitted.
Sd/-
(A.Y. KOGJE, J)
SHITOLE
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