SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sirajuddin Ghulammayuddin … vs State Of Gujarat & on 3 May, 2017

R/CR.MA/11368/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 11368 of 2017

SIRAJUDDIN GHULAMMAYUDDIN RANGREJ 3….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR. AAMIR S PATHAN, ADVOCATE for the Applicant(s) No. 1-4
MS NISHA THAKORE, APP for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 03/05/2017

ORAL ORDER

RULE returnable forthwith. Ms.Thakore, the learned APP
waives service of notice of rule for and on behalf of the respondent
no.1 State of Gujarat. Mr.Mahesh K.Pujara, the learned advocate
waives service of notice of rule for and on behalf of the respondent
no.2 – original complainant.

By this application, the applicants seek to invoke the
inherent powers of this Court under Section 482 of the Code of
Criminal Procedure, 1973, praying for quashing of the First
Information Report being CR-I No.38 of 2016 registered with the
Gaekwad Haveli Police Station, Ahmedabad, for the offence
punishable under Section 498A, 323 read with Section 114 of the
Indian Penal Code as well as under Sections 3 and 7 of the Dowry

Page 1 of 4

HC-NIC Page 1 of 4 Created On Thu May 04 00:10:10 IST 2017
R/CR.MA/11368/2017 ORDER

Prohibition Act.

The investigation has resulted into filing of a charge-sheet
which has culminated into Criminal Case No.1178 of 2016 pending
in the Court of the learned Metropolitan Magistrate, Court No.12,
Ahmedabad.

An affidavit dated April 2017 has been filed on behalf of the
respondent no.2 – original complainant, inter alia, stating as
under :

“I, Ghazalabanu Sirajuddin Rangrej, Aged: 22 Years, Sex:
Female, Religion: Muslim, Residing at Shahpur Bed
Kumbharvadi Pole, Janta Bakery Gali, Opp. Home Manzil,
Shahpur, Ahmedabad, respondent no.2 herein (Original
Complainant), do hereby solemnly affirm and state on oath
as under:

1. I say and submit that I happen to be the original
complainant here in connection with the First Information
Report filed at Annexure – A as C.R.No.I-38 of 2016 for the
offences punishable under 498(A), 323 and 114 of the Indian
Penal Code and Section 3 and 7 of Dowry Prohibition Act and
therefore, I am competent to file the present affidavit as I
am aware about the facts and circumstances of the present
case.

2. I say and submit that after the registration of the
aforementioned First information Report, the dispute
between the parties have been amicably settled and
therefore as of now there is no ill-will or grievance between
the parties.

3. I say and submit that with the intervention of family
members, relatives and friends, the grievance and dispute
between the parties have been resolved and therefore, the
deponent herein has no objection if the impugned First
Information Report mentioned is quashed and set aside by
this Hon’ble Court.

4. It is respectfully submitted that the petitioner no.1 herein
and the present deponent are husband and wife. Further,

Page 2 of 4

HC-NIC Page 2 of 4 Created On Thu May 04 00:10:10 IST 2017
R/CR.MA/11368/2017 ORDER

petitioner no.1 herein and the present deponent have
mutually decided to get separate by burying their grievance
and disputes. Moreover, the petitioners herein have also
issued postdated cheques of an amount of Rs.2,05,000/-
which would be deposited in my account and out of the
same, an amount of Rs.50,000/- has already been given to
my aunt by way of Cheque No.331758. Moreover, the
remaining amount of Rs.1,55,000/- would be given to the
deponent herein by way of four postdated cheques bearing
Cheque No.331768 of an amount of Rs.48,000/- dated
29.04.2017, Cheque No.331769 of an amount of Rs.46,000/-
dated 01.05.2017, Cheque No.331790 of an amount of
Rs.44,000/- dated 03.05.2017 and Cheque No.331771 of an
amount of Rs.17,000/- dated 06.05.2017. It is respectfully
submitted that the said amount mentioned above i.e.
Rs.2,05,000/- is also given as a lump sum amount for the
purpose of maintenance, Meher, Iddat Period, alimony of the
deponent herein and therefore, considering the fact that the
dispute between the parties has been amicably settled, the
respondent no.2 herein has no objection for quashment of
the First Information Report in the interest of justice.

5. Further, it is respectfully submitted that the deponent
herein also undertakes to withdraw the other litigations
going on between the parties considering the fact that the
grievance and dispute between the parties have been
amicably resolved and therefore also, the present deponent
herein has no objection for quashment of the First
Information Report in the interest of justice.”

In view of the fact that the matter has been resolved
between the parties, no useful purpose would be served to permit
the Criminal Case No.1178 of 2016 pending in the Court of the
learned Metropolitan Magistrate, Court No.12, Ahmedabad, to
proceed further.

In the result, this application is allowed. The further
proceedings of the Criminal Case No.1178 of 2016 pending in the
Court of the learned Metropolitan Magistrate, Court No.12,
Ahmedabad, are hereby ordered to be quashed.

Rule made absolute. Direct service is permitted.

Page 3 of 4

HC-NIC Page 3 of 4 Created On Thu May 04 00:10:10 IST 2017
R/CR.MA/11368/2017 ORDER

(J.B.PARDIWALA, J.)
MOIN

Page 4 of 4

HC-NIC Page 4 of 4 Created On Thu May 04 00:10:10 IST 2017

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation