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Vijaykumar Ramanlal Visavaliya vs State Of Gujarat on 29 August, 2018

R/CR.MA/15909/2018 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 15909 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 ?

VIJAYKUMAR RAMANLAL VISAVALIYA
Versus
STATE OF GUJARAT

Appearance:
MR Y J PATEL(3985) for the PETITIONER(s) No. 1,2,3,4,5
MR VASIM QURESHI 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

1. RULE. Learned APP Mr.K.P.Raval waives service

of Rule on behalf of respondent No.1-State. Learned

Advocate Mr.Vasim Qureshi has instructions to appear on

behalf of respondent No.2-complainant.

Page 1 of 3

R/CR.MA/15909/2018 JUDGMENT

2. This application under Section 482 of the

Criminal Procedure Code is filed for quashing of FIR

being I-CR No.94 of 2018 registered with Sarthana Police

Station, Surat for offences under Sections 498A, 506(2)

and 114 of the Indian Penal Code, on the ground of

settlement arrived at between the parties.

3. Learned Advocate for the applicants submitted

that the applicants are in-laws of respondent No.2-

complainant and pending the application, an amicable

settlement is arrived at between the parties. It is

submitted that in the best interest of applicant No.1 and

respondent No.2-complainant, they have jointly decided to

dissolve the marriage and now both are residing

separately and hence, the present petition for quashing.

4. Learned Advocate Mr.Vasim Qureshi for

respondent No.2-complainant submitted that respondent

No.2-Rekhaben Gondaliya is present before the Court.

Learned Advocate identifies the complainant. The

respondent No.2-complainant has filed affidavit ratifying

the compromise arrived at between the parties.

5. Considering the nature of allegations made in

the FIR, contents of the charge sheet and the compromise

arrived at between the parties, as the dispute is now

amicably settled, no useful purpose will be served in

Page 2 of 3
R/CR.MA/15909/2018 JUDGMENT

continuing the prosecution of the present applicants.

6. In view of the aforesaid, the application is

allowed. I-CR No.94 of 2018 registered with Sarthana

Police Station, Surat and all consequential proceedings

arising out of the impugned order are ordered to be

quashed. Rule is made absolute.

Direct service is permitted.

Sd/-

(A.Y. KOGJE, J)
SHITOLE

Page 3 of 3

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